Family law reform

Consultation tracker—Family

The Family consultation tracker tool displays the current status and developments in relation to key consultations, calls for evidence and inquiries (collectively referred to as 'consultations') being conducted by the judiciary, the UK Government and other bodies that have an impact on family law.

Pilot schemes in the Family Court

A number of pilot schemes are in operation in the Family Court. They are set out in Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 36, and the associated Practice Directions. Many, although not all, of the pilot schemes are part of the HM Courts and Tribunals Service (HMCTS) digitalisation programme, with the aim of increasing the efficiency of family proceedings.

See Practice Note: Pilot schemes in the Family Court.

FPR 2010—recent and forthcoming amendments

FPR 2010 are the main procedural rules that apply to family proceedings, with supporting Practice Directions. In the Practice Note: FPR 2010—recent and forthcoming amendments, amendments are detailed by year from 20207 onwards, together with details of amendments to FPR 2010 made as a result of Brexit from 11 pm on 31 December 2020

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Latest Family News

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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