FP (Amendment) Rules 2012

The New amendment rules cover a range of amendments to the existing FPR 2010. The rules and new forms came into force on the 6th April 2012.

New PD

As far as I can tell there are a number of new Practice Directions as follows:-

PD 2A - Functions of the court
PD 5A - Forms
PD 6A - Service withing the Jurisdiction
PD 7A - Procedure for matrimonial application
PD 7B - Medical examinations
PD 9A - Financial remedy proceedings
PD 12B - Revised Private Law Programme
PD 14B - Adoptions with a foreign element
PD 27A - Bundles
PD 33A- Undertakings
PD 34A- Maintenance Regulation
PD 36A- Transitional arrangements

New Forms

A variety of New forms have also been introduced, I hope that this is a full round up of the forms that have been changed.

  1. All affidavits in the divorce, judicial separation, nullity, civil partnership and separation applications have been replaced with statements signed with a statement of truth. This includes an affidavits previously filed to prove service which have been replaced by statements of service. HOWEVER, the Justice.gov website still refers to all Statements as affidavits, when you open the form it has been updated.
  2. The Form E/E1/E2 are no longer sworn documents and so have been amended to be statements signed with a statement of truth. The statement of truth can only be signed by the person making the statement (like the statement of arrangements for children).
  3. The financial statement in support of the consent order has been changed so that the signature clause is much clearer. The person making the statement signs the form to confirm that they have seen the other person's statement. There is a separate statement of truth to confirm the content of their own document.
  4. The C100 - Application for s8 orders has been changed in relation to the Mediation question. No longer is the Applicant asked "what was the outcome of mediation", such information being subject to mediation privilege that can only be waived by both parties to the dispute
  5. Minor amendments to the matrimonial order application.
  6. Nullity petitioRead More

There is a link to the new forms index here - the forms have been updated.

Part 18 Applications

I have previously experienced some difficulties in issuing a Part 18 at the PRFD, as I was told that certain forms had to be used in certain applications although the Practice Direction didn't make that clear. PD5A is now amended to rectify that matter. It states that when making a Part 18 application the following guidelines must be observed -

(i) Form C2 where the application is made in the course of or in connection with proceedings under Part 12;
(ii) Form D11 where the application is made in the course of or in connection with proceedings under Parts 7, 8 or 9;
(iii) Form FP2 in any other case.

Transitional Arrangements

PD 36A contains a surprise, it contained a list of previous rules that were replaced by FPR 2010, however those rules weren't specifically revoked. The amended PD 36A does just that "by operation of law and necessary implication."

Adding or removing parties

Many practitioners felt that this was missing from the rules, if this was a mistake it has been rectified with the introduction of new rule 9.26B. This gives the court the ability to add or remove parties if it is "desirable" to do so. The rule goes on to state the details.

Access to and Inspection of documents retained in court

New rule 29.12 is added to enable any person to access court papers with permission of the court. An order made in open court will be issued to any person who requests it.

A party to family proceedings or the legal representative, guardian or litigation friend can search for and inspect and obtain a copy of any document filed or lodged in those proceedings. This will help to obtain copies of documents lodged by a LiP who has forgotten to lodge with the other party.

Undertakings

PD 33A is a little difficult to track down, Sir Peter Singer has indicated on an open forum on Linkedin, that the new wording to be incorporated into any Undertaking for money payments will be as follows -

"If you fail to pay any sum of money which you have promised the court that you will pay, a person entitled to enforce the undertaking may apply to the court for an order. You may be sent to prison if it is proved that you-

(a) have, or have had since the date of your undertaking, the means to pay the sum; and

(b) have refused or neglected, or are refusing or neglecting, to pay that sum"

I hope that practitioners find the above overview helpful, if you have any questions or comments then please leave a comment.

10th April 2012

Pursuant to my series of courses last year on FPR 2010, I am presenting an update course looking at problems an solutions, if you are interested in attending there is a link here.