xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

PART 9E+WAPPLICATIONS FOR A FINANCIAL REMEDY

CHAPTER 5E+W[F1FAST-TRACK PROCEDURE ]

Textual Amendments

Duties of the court and the applicant upon filing an applicationE+W

9.18.—[F2(A1) This Chapter applies where, in accordance with rule 9.9B, the fast-track procedure applies to an application for a financial remedy.]

(1) [F3Where an application is issued]—

(a)the court will fix a first hearing date not less than [F46 weeks and not more than 10] weeks after the date of the filing of the application; and

(b)subject to paragraph (2), within 4 days beginning with the date on which the application was filed, a court officer will—

(i)serve a copy of the application on the respondent; [F5and]

(ii)give notice of the date of the first hearing to the applicant and the respondent[F6.]

F7(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Where the applicant wishes to serve a copy of the application on the respondent and, on filing the application, so notifies the court—

(a)paragraph (1)(b) does not apply;

(b)a court officer will return to the applicant the copy of the application and the notice of the date of the first hearing; and

(c)the applicant must—

(i)within 4 days beginning with the date on which the copy of the application is received from the court, serve the copy of the application and notice of the date of the first hearing on the respondent; [F8and]

F9(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)file a certificate of service at or before the first hearing.

(3) The date fixed under paragraph (1), or for any other subsequent hearing or appointment must not be cancelled except with the court's permission and, if cancelled, the court must immediately fix a new date.

F10(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F11(5) In relation to an application to which the Maintenance Regulation [F12or the 2007 Hague Convention] applies, where the applicant does not already know the address of the respondent at the time the application is issued, paragraph (2) does not apply and the court will serve the application in accordance with paragraph (1).]

Textual Amendments

F2Rule 9.18(A1) substituted (4.6.2018) by The Family Procedure (Amendment) Rules 2018 (S.I. 2018/440), rules 1, 8(a) (with rule 12); and rule 9.18(A1) in so far as it still has effect in relation to financial remedy proceedings issued before 4.6.2018 by virtue of rule 12 is amended (31.12.2020) by virtue of The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 8(6)(b) (with reg. 23) (as amended by S.I. 2020/1493, regs. 1(1), 8(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F6Rule 9.18(1)(b)(ii): full stop substituted for word (4.6.2018) by The Family Procedure (Amendment) Rules 2018 (S.I. 2018/440), rules 1, 8(b)(ii)(bb) (with rule 12)

[F13Request for change of procedureE+W

[F149.18A.—(1) Paragraph (2) applies where the applicant wishes to seek a direction from the court that the standard procedure should apply to an application to which the fast-track procedure would otherwise apply.

(2) Where this paragraph applies, a request for a direction—

(a)must be made with the application for a financial remedy; and

(b)must state—

(i)that the applicant seeks a direction that the standard procedure should apply; and

(ii)the applicant’s reasons for seeking such a direction.

(3) Paragraph (4) applies where—

(a)a respondent wishes to seek a direction from the court that the standard procedure should apply to an application to which the fast-track procedure would otherwise apply; or

(b)a respondent wishes to make representations on an application made by the applicant to which paragraph (1) applies.

(4) Where this paragraph applies, the respondent’s request or representations—

(a)must be filed with the court within 7 days of service of the application for a financial remedy; and

(b)must state—

(i)which procedure (standard or fast-track) the respondent wishes the court to direct should apply to the application for a financial remedy; and

(ii)the respondent’s reasons for seeking such a direction.

(5) Where a request or representations referred to in this rule have been made, the court must—

(a)determine without notice to the parties and before the first hearing whether the standard procedure or the fast-track procedure should apply to the application for a financial remedy; and

(b)notify the parties of its determination and any directions made in consequence of that determination.]]

Textual Amendments

Procedure before the first hearingE+W

9.19.—(1) Not more than [F1521] days after the date of the issue of the application both parties must simultaneously exchange with each other and file with the court a financial statement referred to in Practice Direction 5A.

(2) The financial statement must—

(a)be verified by [F16a statement of truth]; and

(b)contain the following documents only—

(i)any documents required by the financial statement; and

(ii)any other documents necessary to explain or clarify any of the information contained in the financial statement.

[F17(2A) The requirement of paragraph (2)(a) relating to verification by statement of truth does not apply to the financial statement of either party where the application has been made under—

(a)Article 56 of the Maintenance Regulation, using the form in Annex VII to that Regulation; or

(b)Article 10 of the 2007 Hague Convention, using the Financial Circumstances Form,

but the court may at any time direct that the financial statement of either party shall be verified by a statement of truth.]

(3) Where a party was unavoidably prevented from sending any document required by the financial statement, that party must at the earliest opportunity—

(a)serve a copy of that document on the other party; and

(b)file a copy of that document with the court, together with a statement explaining the failure to send it with the financial statement.

(4) No disclosure or inspection of documents may be requested or given between the filing of the application for a financial remedy and the first hearing except copies sent with the financial statement or in accordance with paragraph (3). (Rule 21.1 explains what is meant by disclosure and inspection.)

Textual Amendments

F16Words in rule 9.19(2)(a) substituted (6.4.2012) by The Family Procedure (Amendment) Rules 2012 (S.I. 2012/679), rules 1, 17(a) (with rule 30)

[F18Consideration of the application at the first hearingE+W

9.20.—(1) If the court is able to determine the application at the first hearing, it must do so unless it considers that there are good reasons not to do so.

(2) Paragraphs (3) to (7) apply where the court does not determine the application at the first hearing.

(3) The court may give directions relating to—

(a)the filing of further evidence;

(b)the production of further documents;

(c)any other matter required for the fair determination of the matter.

(4) The court may use the first hearing or part of it as a FDR appointment.

(5) Where the court uses the first hearing or part of it as a FDR appointment, rule 9.17 applies with these modifications—

(a)for paragraph (3) substitute—

“(3) At the first hearing, the applicant must produce to the court all offers and proposals and responses to them.”; and

(b)paragraphs (7) and (9) do not apply.

(6) The court may direct that the application be referred to a FDR appointment.

(7) If the court decides that a referral to a FDR appointment is not appropriate it must direct one or more of the following—

(a)that a further directions appointment be fixed;

(b)that an appointment be fixed for the making of an interim order;

(c)that the case be fixed for a final hearing and, where that direction is given, the court must determine the judicial level at which the case should be heard.

(Under Part 3 the court may also direct that the case be adjourned if it considers that non-court dispute resolution is appropriate.)]

Textual Amendments

Who the respondent is on an application under section 20 or section 20A of the 1978 Act M1 or Part 6 of Schedule 6 to the 2004 ActE+W

9.21.  In relation to proceedings set out in column 1 of the following table, column 2 sets out who the respondents to those proceedings will be.

ProceedingsRespondent
Application under section 20 of the 1978 Act, F19....

The other party to the marriage; and

where the order to which the application relates requires periodical payments to be made to, or in respect of, a child who is 16 years of age or over, that child.

Application under paragraphs 30 to 34 of Schedule 6 to the 2004 Act, F19....

The other party to the civil partnership; and

where the order to which the application relates requires periodical payments to be made to, or in respect of, a child who is 16 years of age or over, that child.

Application for the revival of an order under section 20A of the 1978 Act or paragraph 40 of Schedule 6 to the 2004 Act.The parties to the proceedings leading to the order which it is sought to have revived.

Textual Amendments

Marginal Citations

M1Section 20A was inserted by section 33(1) of and paragraph 69 of Schedule 2 to the Family Law Reform Act 1987 and substituted by section 108(5) of and paragraph 39 of Schedule 13 to the Children Act 1989.

[F20Duty to make entries in the court’s registerE+W

9.21A.  Where a court officer receives notice of any direction made in the High Court or family court under section 28 of the 1978 Act by virtue of which an order made under that Act or the 2004 Act ceases to have effect, particulars of the direction must be noted in the court’s records.]

Textual Amendments