In his 18th View from the President’s Chambers, Sir James Munby has set out his vision of what needs to be done in respect of the determination of financial remedies.
He considers that procedural justice will be bettered by the appointment of specialist judges to the Financial Remedies Court (FRC) and by a process of early allocation of a case to the right judge at the right level at the right place.
The basic concept of the FRC is as follows:
• The FRC, which will be part of the Family Court, will deal with all types of financial remedy cases dealt with in the Family Court or Family Division: claims for ancillary and other relief under the Matrimonial Causes Act 1973; claims under Schedule 1 to the Children Act 1989; claims under Part III of the Matrimonial and Family Proceedings Act 1984; and, in due course, claims under the Inheritance (Provision for Family and Dependants) Act 1975 and claims under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA).
• There will be a number of regional hubs
• There will be a lead judge for each hub area with real experience/expertise in financial remedy work.
• There will be a national lead judge with a deputy. Mostyn J and, as his deputy, HHJ Hess have agreed to fill these important positions.
• Hearings will be conducted (a) at the regional hub and also (b) at a number of Financial Remedies Hearing Centres (FRHCs) within the hub area.
• The FRC will function separately from the Regional Divorce Centres. Applications for a financial remedy, including for ancillary relief, will be issued at the FRC hub, not at the Regional Divorce Centre.
The FRC will be piloted in three areas, starting in February or March 2018: London, the West Midlands and South-East Wales. Further pilots will follow after Easter 2018.
Wrigley Claydon, we fight on your behalf to make this difficult time a little easier. We are experienced family lawyers and can assist you with the legal aspects of any family situation in which you may find yourself. We deal with our cases sensitively.
If you are looking for family advice then please call 0161 624 6811 to speak to Terri Pickup in our Family Department or email firstname.lastname@example.org.
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