LS Legal News Bulletin
Changes for Separating Couples in England and Wales
Wednesday 5th June 2024
There is important news for couples going through separation or divorce in England and Wales. New rules have been enacted on April 29th, 2024, to encourage couples to settle their disputes outside of court.
⏮️ Previously, many couples went straight to court to handle issues like child arrangements and finances. This created a backlog in the court system, causing long waits for hearings. These new rules aim to divert suitable cases away from court, making it faster and less stressful for separating couples.
What's New?
◽ Focus on Non-Court Dispute Resolution (NCDR): The key change emphasises NCDR methods like mediation, arbitration, and collaborative law. These involve a neutral third party helping couples reach an agreement outside of court.
◽ Earlier MIAMs: Mediator Initial Assessment Meetings (MIAMs) are now a more prominent step. Here, an accredited mediator explains all NCDR options to couples, not just mediation.
◽ Courts Encourage NCDR: Judges will actively discuss NCDR options throughout the legal process, with the power to delay hearings to allow couples to explore these alternatives.
◽ Limited Exemptions: Previously, some couples were exempt from MIAMs. These exemptions have been reduced, ensuring more couples consider NCDR.
◽ New Form: Before the first court hearing, couples will complete a new form (FM5) outlining their views on NCDR.
◽ Costs and Refusal of NCDR: If couples refuse NCDR without a good reason (like domestic abuse), the court can consider this when deciding legal costs.
The Law Society supports the changes, emphasising the benefits of NCDR: less cost, faster resolution, and reduced emotional strain. However, they highlight the importance of maintaining access to courts when necessary.
' If you are going through separation or divorce, be aware of these new rules. Before going to court, consider NCDR. It can be a more efficient and amicable way to resolve your disputes. Speak to us to understand your options and what best suits your situation.
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