Practice and procedure

The Family Court deals with all family cases other than a small number of case types over which the High Court retains exclusive jurisdiction. See Practice Note: The single Family Court.

The Financial Remedies Court is a subsidiary structure within the Family Court and is organised into regional financial remedy courts and local hearing venues. In order to increase efficiency and establish best practice in the Financial Remedies Court, the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 are complemented by:

  1. statement on the efficient conduct of financial remedy hearings allocated to a High Court judge whether sitting at the Royal Courts of Justice or elsewhere (2016)

  2. statement on the efficient conduct of financial remedy hearings in the Financial Remedies Court below High Court judge level (2022), issued alongside a Primary Principles document and templates for a composite case summary and schedule of assets and income

See Practice Notes: The Financial Remedies Court, Financial Remedies Court (FRC) toolkit, Financial remedy proceedings allocated below High Court judge level and Financial remedy proceedings allocated to a High Court judge.

Allocation

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Monumental Supreme Court decision on matrimonialisation and sharing principle (Standish v Standish)

Family analysis: The Supreme Court’s much-anticipated judgment confirms unequivocally that the sharing principle does not apply to non-matrimonial property. Sharing of matrimonial property will usually be 50:50, though there may be a departure from equal division where justified. Non-matrimonial property typically has either a pre-marital origin, or, where it is received during the currency of the marriage, an external source (eg an inheritance). Title to an asset is expressly not determinative as to whether that asset is or is not matrimonial. Though non-matrimonial property may become matrimonial (ie ‘matrimonialisation’) this will depend on how the parties have been dealing with the asset and whether, over time, they have been treating that asset as shared between them. The concept of matrimonialisation is to be applied neither ‘widely’ nor ‘narrowly’ (contrary to what the Court of Appeal had held)—again, the enquiry should focus on how the parties have dealt with the asset. Where an asset is transferred from one spouse to another with the intention to save tax (as had occurred in the case), this will not normally show that the asset is being treated as shared. The Supreme Court ultimately upheld the decision to dismiss the wife’s appeal, though it did not wholly agree with the Court of Appeal’s reasoning. Pursuant to that decision (made on the sharing basis) the wife would be provided with circa £25m of the total assets figure of circa £132.6m, being half of the matrimonial assets figure of £50.48m. David Wilkinson, solicitor at Slater Heelis, considers the judgment.

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