Joinder of third parties in financial proceedings

The following Family practice note provides comprehensive and up to date legal information covering:

  • Joinder of third parties in financial proceedings
  • Procedure
  • Responsibility for joining a third party
  • Guidance
  • Case law
  • Trust assets
  • Business assets
  • Enforcement

Joinder of third parties in financial proceedings

This Practice Note sets out the procedure to add a third party to financial proceedings as specified by the Family Procedure Rules 2010 (FPR 2010). It provides guidance on when it may be appropriate for a third party to be added on the court’s own initiative, on the application of an existing party, or on an application by the third party, and where the responsibility for making a joinder application may lie. It also examines guidance given by the courts as to the joinder of parties and specific cases where joinder may arise, for example in cases involving trust or business assets.

FPR 2010, SI 2010/2955, 9.26B provides that the court may direct that a person or body be added as a party to proceedings for a financial remedy if:

  1. it is desirable to add the new party so that the court can resolve all the matters in dispute in the proceedings, or

  2. there is an issue involving the third party and an existing party that is connected to the matters in dispute in the proceedings and it is desirable to add the third party so that the court can resolve that issue

The court may also direct that any person or body be removed as a party if it is not desirable for that person or body to be

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