The following Family guidance note provides comprehensive and up to date legal information covering:
This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications for practitioners considering which courts have jurisdiction to determine a dispute. For guidance, see Practice Note: Brexit and family law. This Practice Note sets out the current position on the procedure for the variation of a periodical payments order.
Changes to the procedure on an application for variation of a financial remedy order came into effect on 22 April 2014. The Family Procedure (Amendment No 3) Rules 2013, SI 2013/3204 amended the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 9, Ch 5 (SI 2010/2955, 9.18–9.21A), so that the accelerated (or shortened) financial remedy procedure applied to a variation application. That remains the position where an application was issued prior to 4 June 2018.
For applications issued on or after 4 June 2018, the Family Procedure (Amendment) Rules 2018, SI 2018/440 amended FPR 2010 and introduced new provisions as to ‘fast-track’ and ‘standard’ procedures in relation to an application for a financial remedy, including procedural changes. Where previously a variation application generally came under the accelerated/shortened procedure (now ‘fast-track’), from 4 June 2018 an application for the variation of a periodical payments order only (with exceptions, see below) will be dealt with under the fast-track procedure. On any other type of application for
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