The Rules set out an “overriding objective” for the Court to deal with cases justly. Ideally this will mean that cases will be dealt with in a more speedy and efficient manner. The language has been modernised to make Family Proceedings more user friendly and understandable.
Arguably the biggest difference is the requirement to consider alternative methods to resolve disputes between separating parties. For good Lawyers, this will not mean a change of approach, as for many years we have been advocating Mediation and Collaborative Law. However, all parties will now be required to give consideration to attending a Mediation Information and Assessment Meeting unless there are good reasons for them not to. It does not mean the Court’s will force parties to Mediate, but parties must have given some consideration to this.
It is to be hoped that the Rules will reduce delays and ultimately avoid unnecessary acrimony.
For more information on this, or any other Family Law matter, please contact Mark Day in York on 01904 683116 or Kate Saunders in Lincoln on 01522 508816.