Changes to the Financial Remedy Standard Orders

Divorce & Matrimonial Finance

24 May 2022

In case you have missed it on 02 March 2022 Mostyn J made an  announcement with the authority of the President about changes to the Standard Financial Remedy Orders as the result of the fact that on 6 April 2022 the Divorce Dissolution and Separation Act 2020 was to come into force. Among many other things, the Act made changes to the terminology used in divorce, dissolution, nullity and separation proceedings so that, for example, a petition is replaced by an application, a decree nisi by a conditional divorce order and a decree absolute by a final divorce order.

This has necessitated changes to be made to Orders Nos 1.1, 1.2 and 2.1.

Amended versions of these orders took effect from 6 April 2022.   Volume 1 of the standard orders in their up-to-date form can be found here:

https://www.judiciary.uk/announcements/message-from-mr-justice-mostyn-amendments-to-standard-orders-2/

Mostyn J pointed out that the revised orders assume that the case in question is either one of divorce or dissolution of a civil partnership. Thus, they refer to “the final [divorce] / [dissolution] order” and “the conditional [divorce] / [dissolution] order”. If the case is one of nullity those references should be altered to “the final nullity order” and “the conditional nullity order”. If the case is one of judicial separation the references should be altered to “the judicial separation order”. If the case is one of a separation order under section 56 Civil Partnership Act 2004 the references should be altered to “the separation order”.

All further amendments will await the full review of the standard orders, the work on which is now underway, the consultation period having concluded on 28 February 2022.

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