David Burrows explores examples where a non-party can join a case about who gets what in the divorce
- When should a non-party be joined in family financial provision proceedings?
- Identify preliminary issues, add any non-party relevant to that issue and order prior hearing as appropriate.
- When is it ‘desirable’ to add; and will this result in a separate trial of a preliminary issue?
This article considers how preliminary issues in financial provision (divorce or civil partnership) proceedings can, or should, be dealt with; and, in appropriate cases, it deals with the adding of non-parties according to the extent of their interest.
The article is prompted in part by the February appeal decision of Ms Justice Henke in Archer v Archer & others [2026] EWHC 468 (Fam). Henke J has sent the case back for rehearing (for facts).
Addition of non-parties
When the then ‘new ancillary relief scheme’ was introduced in 1996 for Matrimonial Causes Act 1973 (MCA 1973) financial provision cases (a scheme adopted also for Civil Partnership Act 2004 financial cases), there was an automatic ‘first direction appointment’
