18 September 2015, by Taylor King Family Law Solicitors
The Law Society’s Family Section has issued an update to the changes to the Family Courts. This update includes:
1. They expect all the divorce work from London, which was being transferred on a phased basis, to be processed from Bury St Edmunds by October 2015. It is expected that the Bury St Edmunds divorce centre will issue approximately 40,000 petitions a year.
2. It is expected that changes to the divorce petition will be introduced by the end of September 2015.
3. Guidance is being developed on what would constitute ‘urgent’ work, examples would include applications to set aside transactions or jurisdictional disputes. For now, the local courts can still issue urgent work.
4. The Financial Remedies Unit has been established as a specialist unit within the Central Family Court to efficiently handle complex financial cases. In order to be transferred to the FRU the case must be sufficiently complex and a Certificate of Financial Complexity completed. The certificate requires details of the total value of the assets with tick boxes flagging up any other potential areas of complexity including:
a. Complex asset or income structures
b. Non-disclosure (this may become more relevant subject to the outcome of the appeals to the Supreme Court of Sharland and Gohil)
c. Assets held offshore or through offshore settlements, family businesses or unquoted corporate entities, or where there is an issue of the value of such entities
d. Expert accountancy evidence is required
e. There are issues over contributions or substantial arguments over matrimonial /non-matrimonial assets
f. Disputed allegations of obvious and gross conduct
g. Illiquidity of assets
h. Complex or novel legal arguments
If it appears that the complexity criterion may not be met the application will be sent to a judge of the FRU who may decide to send the application to Bury St Edmunds for issuing.
In July 2015 Mostyn J revised the asset thresholds for financial remedy hearings before High Court Judges. In order to be transferred to the High Court the total assets should exceed £15million, or the overall net income exceed £1million. If the assets are between £7.5million and £11million there should be substantial allegations or issues relating to non-disclosure, offshore assets, reliance on a pre/post nuptial agreement or significant third party interests. The only applications that will be transferred to the High Court where the assets are less than £7.5million are those involving a novel and important point of law.