Setting Aside Financial Remedy Orders

Once again, there are rule changes afoot, relevant to the family lawyer.

As of 03.10.2016, there will be amendments to the Family Procedure Rules, to be known as the Family Procedure (Amendment No 2) Rules 2016. They can be found here.

For the family finance practitioner, rules 4 & 8 are of particular interest.

Rule 4

Adds 9.9A to the FPR, and sets out the procedure to set aside financial remedy orders.

Rule 8

Provides that applications under the new rule 9.9A are not financial remedy proceedings.

It is important to note that an application under the new 9.9A will also include consent orders, following the recent line of well-publicised cases in the news.

Any application under the new rule must be within the proceedings under which the order to be set aside was made (i.e. under the existing case number/ court), and is subject to the part 18 procedure.

Where the court decides to set aside a financial remedy order, it shall give directions for the rehearing of the financial remedy proceedings or make such other orders as may be appropriate to dispose of the application.

For advice on setting aside financial remedy orders, before or after the rule changes, contact clerks@becket-chambers.co.uk