The new Family Procedure Rules come into effect on 6^th April 2011.  They are designed to consolidate the existing disparate set of rules and will provide a single set of rules for Family Proceedings whether in the High Court, County Court or Magistrates Court.

The new rules are dovetailed by extensive Practice Directions which provide extensive detail and guidance regarding the practical steps to be taken throughout the new procedure.

Some familiar words and phrases will be consigned to history with the most notable changes being

• ‘Ancillary Relief’ becomes Financial Order;

• There is also the broader term of ‘Financial Remedy’ which includes the aforementioned ‘Financial Order’ but also includes proceedings under Schedule 1 of the Children Act 1989 and Part III of the Matrimonial and Family Proceedings Act 1984;

• Although divorce proceedings become ‘Matrimonial Proceedings’ we will still have decrees for divorce, nullity and judicial separation (which are collectively known as ‘Matrimonial Orders’);

• Perhaps most significantly a petition will simply become an ‘application’ – the appropriate form being D8 for Divorce, Dissolution or Judicial Separation and D8N for annulment;

• Part 21 deals with disclosure of documents by a person who is not a party to proceedings.  The term ‘Inspection Appointment’ is no longer used and nor will the term ‘Production Appointment’

As far as applications for financial remedy are concerned, aside from the issues of pre-issue mediation, the procedure is on the whole substantially unchanged.  A welcome change is the fact the term financial remedy brings together various forms of financial relief and therefore ensures that a unified procedure is required for all forms of financial remedy.

There are some important changes of note as far as the financial proceedings are concerned and in particular in respect of costs Rule 28.3(5) continues the presumption from Rule 2.71 of The Family Proceedings Rules 1991 – that each party pay their own costs in respect of financial proceedings.  However, specifically excluded from the presumption are applications for Maintenance Pending Suit/Interim Periodical Payments.   This should therefore mean that the losing party in such an application will face the risk of cost orders.  Interestingly, applications to vary Maintenance Pending Suit/Interim Periodical Payments are not included within that exception.

Part 20 provides the Court with extensive powers to make interim orders, although it does not apply to proceedings in the Magistrates Court.  There has also been a revamp of the forms with the divorce application, Form E and other documents having been substantially modified.  An interesting change in respect of the Statement of Information filed with Consent Orders is set out in Rule 9.26.  Where financial information of both parties are set out on the same form the parties must certify that they have read the contents of the other party’s disclosure.  Where separate forms are filed, the form of each party must be signed by the other party to certify they have read its contents.  All other application forms, notices and answers (save for an application for a Matrimonial/Civil Partnership Order) may be used as evidence as long as the content has to be verified by a statement of truth.

The status of the Affidavit is also clarified -  if sworn evidence is required by enactment, rule, order or Practice Direction, an Affidavit must be used as evidence.  Whilst Affidavits may not have survived in applications under The Family Law Act 1996, Part 10 now states that an application must be supported by a witness statement rather than a sworn statement. Affidavits have survived in relation to applications for a matrimonial order at the stage of which an application for Decree Nisi is made.

Significantly, attention has been drawn to Alternative Dispute Resolution (ADR) which is covered by Part 3 of the new rules.  Not only are parties encouraged to use ADR but the Court must consider at every stage in the proceedings whether ADR is appropriate.  Part 3 applies to all family proceedings.  The real substance, however, lies in Practice Direction 3A.  Save for certain categories of applications set out in Annex B to the Practice Direction, which includes applications for enforcement in Children Act proceedings or applications for Avoidance of Disposition Orders within financial proceedings, there must be compliance with the pre-action protocol prior to instigating proceedings.