De-linking of divorce and finance matters

Posted on June 22, 2017
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The news:

As from Monday 19 June 2017, there will be an administrative change in the way the HM Courts and Tribunals Service process financial applications linked with divorce proceedings.

What used to happen?

Well, Divorce Centres are now well established. There are now a limited number of ‘processing’ courts to deal with divorce proceedings. Our local one is Bury St Edmunds. What used to happen was that divorce proceedings would start and the court would open a court file. Divorce is mainly dealt with on papers. So far so good. Then when a spouse makes an application for a financial order, unless it is by agreement, the application for a financial order plus the divorce file are transferred out to the local court that is going to deal with the financial matter.

What will happen now?

As from 19 June 2017, only the financial application would be transferred to the local court and the divorce court file remains where is started.

Why?

Well, it cuts down on paperwork and administration for the court staff. Also, the judge dealing with the financial matter rarely needs to look at the divorce file. All they want to know is the date of the decree nisi and the date of the decree absolute, if that has been made.

So, will I notice any change?

Doubtful, really. The only thing to remember is that the divorce paperwork remains where it began and the financial application and documents go to the local court. Hopefully it will ease the burden on the court administration staff too.

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