Financial proceedings to be ‘de-linked’ from divorce proceedings

From 19th June 2017, family court divorce proceedings will run separately to financial applications. This decision follows a successful pilot which took place in the South West Region in April 2017.

Family Division President Sir James Munby and HM Courts and Tribunal Service (HMCTS) deputy chief executive Kevin Sadler have stated that the pilot has been successful and achieved its aim of introducing a more streamlined process which reduces the delays currently experienced by court users as files are transferred between courts by up to two weeks.

The ‘de-linking’ process is intended to address delays caused by contested financial applications for maintenance or a financial settlement. Currently, when such financial applications are made, the entire case is referred from the regional divorce centre progressing the divorce back to the local family court for a hearing to resolve the disagreement. Now, the main proceedings will continue in the divorce centre while the parties try and reach an agreement in separate family court proceedings.