Geraldine Morris considers whether the options for financial relief in family proceedings are on the right track
Practitioners are likely by now to have started to experience the changes introduced by the Family Procedure Rules 2010 (FPR 2010). In relation to financial orders (ancillary relief as was) the majority of the relevant procedural provisions can be found in FPR 2010, Pt 9 and the linked practice direction (PD) 9A. However, a feature of the new rules is that no application to the court, whether financial or children related, can be looked at in isolation. The overarching principles either introduced or cemented by the rules will impact on financial orders as much as any other. Key provisions to take into account are:
- Terminology—the glossary to the FPR 2010 isn’t particularly enlightening (most practitioners will surely know the meaning of “affidavit”) but it is clear from the rules themselves that an attempt has been made to modernise the terminology which in the case of financial proceedings is marked by a shift from the slightly antiquated “ancillary relief” to “financial remedies” or “financial orders”.
- Overriding objective
