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Family analysis: The President of the Family Division, Sir James Munby, has published his 17th View from the President’s Chambers setting out where we are and what needs to be done to de-link divorce from financial proceedings.
17th View from the President’s Chambers
The President of the Family Division, Sir James Munby, has issued his 17th View from the President's Chambers, as to the separation of divorce and financial proceedings. The President sets out the urgent need for a pilot of specialist financial courts, arguing that the time has come to bring about a complete separation of divorce and financial proceedings. He also suggests that the Family Court should be given a shared jurisdiction with the Chancery Division and the County Court for dealing with disputes under the Inheritance (Provision for Family and Dependants) Act 1975 and the Trusts of Land and Appointment of Trustees Act 1996.
Why is the separation of the divorce and financial proceedings necessary?
The President sets out the reasons that drive his conclusion that the separation of divorce and financial proceedings is required:
He highlights that ancillary relief is only one of the various types of financial remedy that are dealt with in family courts—others (see the definition in the Family Procedure Rules (FPR 2010), SI 2010/2955, 2.3) include claims under:
What steps have been taken to de-link divorce and financial proceedings?
The President refers to the administrative de-linking of financial proceedings from divorce proceedings pilot that was launched on 2 May 2017—see 'Administrative de-linking of financial proceedings from divorce proceedings to be piloted' (LNB News 02/05/2017 101). In his 17th View, the President notes that in relation to the pilot:
'Although these are early days,
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