New draft standard orders issued

New draft standard orders issued

Two further draft standard orders have been issued:

Guidance issued by Mr Justice Mostyn states that:

  • in accordance with para 79 of the Report of the Financial
    Remedies Working Group of 31 July 2014 it is intended that these orders,
    once adopted, will have the status of forms within Part 5 of the Family Procedure Rules 2010
  • therefore, by virtue of FPR 2010, 5.1(2) these orders may be varied by the court or a party if the variation is required by the circumstances of a particular case
  • the circumstances when a variation is acceptable are undoubtedly numerous
    and departure from the standard form will not prevent an order being valid
    and binding, but the standard forms should represent the starting point, and
    usually the finishing point of the drafting exercise

The guidance can be viewed here: OMNIBUSES FOR NON-MOLESTATION AND OCCUPATION ORDERS and follows the guidance issued by the President of the Family Division, Sir James Munby, on the duration of without notice injunction orders.

Geraldine Morris is a solicitor and Head of LexisPSL Family.

Twitter: @GeraldineMorris

See here for more practical guidance on family law reform and to arrange a free trial of LexisPSL Family.

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About the author:

Geraldine is Head of LexisPSL Family. She was admitted as a solicitor in 1992 and was in practice for 15 years, most recently as a partner and head of the family team at Hart Brown, a large Surrey firm.

Geraldine writes for Butterworths Family Law Service and is a past editor of the Resolution Review. She has been published in the New Law Journal, the Law Society Gazette and the District Judges’ Bulletin as well as in the national press including the Times and the Telegraph.

When in practice she was a member of the Law Society Family and Children Panels, and an accredited Resolution Specialist with a focus on advanced financial provision and pensions. A past Resolution regional secretary and press officer, Geraldine also contributed chapters to the Resolution publications, International Aspects of Family Law (3rd Edition 2009) and The Modern Family (2012).