The separation of divorce and financial proceedings

The President of the Family Division, Sir James Munby, has recently issued his 17th View from the President’s Chambers, as to the separation of divorce and financial proceedings.

He says that the separation is necessary because:

• only a minority of divorce cases give rise to a financial claim
• divorce, as a process, is largely administrative and bureaucratic with limited judicial involvement, and unless the petition is defended, involves no face-to-face contact with the parties
• the concentration of divorce cases in a limited number of regional divorce centers, as the prelude to a completely on-line system, is putting the administration of financial proceedings under unnecessary and avoidable strain
• ancillary relief is only one of the various types of financial remedy that are dealt with in family courts—others include claims under:

• Part III of the Matrimonial and Family Proceedings Act 1984
• Schedule 1 to the Children Act 1989
• The Inheritance (Provision for Family and Dependants) Act 1975, and
• The Trusts of Land and Appointment of Trustees Act 1996

Contact us today on crt@labrums.co.uk or 01727 858807 if you would like more information about the divorce process or how financial arrangements can be agreed.