Changes to Family Procedure Rules

by | Apr 29, 2024 | News, Blog

The Family Procedure Rule (2010) has changed, as of Monday 29th April 2024.

Today’s changes specifically relate to “Non-Court Dispute Resolution” or NCDR, as we would normally abbreviate it in the industry.

Key Points to Note

The main points to note are :-

  1. NCDR includes Mediation, Alternative Dispute Resolution, Collaboration and private financial process
  2. The term domestic violence on Court forms have been amended to domestic abuse in accordance with Domestic Abuse Act 2021 to the relevant forms will be updated. 
  3. Form FM5 will be released today and can be found here Statement of position on non-court dispute resolution: Form FM5 – GOV.UK (www.gov.uk)
  4. The Court will scrutiny Mediation Information & Assessment Meeting (MIAM) and NCDR far more than before
  5. There will be fewer accepted reasons for not attending dispute resolution.
  6. Evidence will be needed for MIAM
  7. The Judiciary will nudge gaps in court process
  8. There will be beefed up costs orders in children proceedings for non compliance of dispute resolution.

So what does all of that mean?

There has been a radical change of mindset for dispute resolution, particularly from the Judiciary, and notably since the case of Re X and Y.

We have been told that Judges will be more hands on with cases and the Court will be expecting an update at each hearing as to why NCDR has not been attempted.  The Court may consider adjourning hearings to deal with NCDR.  We have been told that the Judiciary will be mindful as to delay and whether NCDR is appropriate.

We also note that costs will be a real issue if parties fail to engage with NCDR.    

CAFCASS will also be in a position to recommend NCDR after safeguarding has been completed. 

There is an expectation that lawyers should be running cases more collaboratively and should always be thinking about dispute resolution. Form FM5 will need to be filed and served at Court and other parties to confirm what outside negotiations have been attempted.

If you are a victim/survivor of domestic abuse, the normal exemption parameters will apply.

To learn more about changes to the Family Procedure Rule please visit the Family Law page of our website.

Or to discuss your story with our team, call 0800 118 1500.