MINISTRY OF JUSTICE
News Release (020-08) issued by The Government News Network on 22
February 2008
Plans to simplify
family court procedures and modernise legal language were
announced today as part of an ongoing programme to improve
people's experience in court.
The proposals, which follow public consultation, will align
currently differing procedures for different levels of courts and
follow the example set by the Civil Procedure Rules.
The proposals are in response to an earlier consultation
"Family Procedure Rules - a new procedural code for family
proceedings" which was published on 30 August 2006. It
invited comments on the policy behind the proposed new Family
Procedure Rules.
The consultation paper looked at the need for:
* modernisation of language;
* harmonisation with the Civil Procedure Rules (CPR);
* a single unified code of practice; and
* alignment of procedures in all levels of court.
In the new proposals, archaic terms will be replaced with easier
to understand language, a decree nisi will be known as a
conditional order and a divorce petition will become an
application for a divorce order. In a customer survey court-users
identified simpler language in court documents as a key requirement.
A single unified code for family proceedings will mean that those
using the family courts need only refer to one source for
guidance. Currently users may need to refer to at least three
different sets of rules.
Justice Minister Bridget Prentice said:
"The new proposals will make it easier for people to follow
what is being said in court. Outdated language will be replaced by
every day terms that reflect the way people think in the 21st
century. "
"The procedures will also be easier to use by those without
a lawyer as the rules for all family proceedings will be in one
easily accessible code."
Apart from modernisation of language, the new rules will simplify
procedures for the benefit of both the court users and the court
administration, for example:
* People involved in family proceedings will be able to serve
court documents on each other by email. (However the circumstances
around such service will be limited to reflect the sensitive
nature of family proceedings).
* Those applying for an undefended divorce will no longer have to
"swear" an affidavit in the presence of suitably
qualified person. They will be able to complete a statement of
truth at home and send it in to court. Saving time and money for
both the user and the courts.
The next step in developing the Family Procedure Rules will be
when the Family Procedure Rule Committee consults on the draft
rules themselves. This is currently planned for the end of the year.
Notes to Editors
1. The Courts Act 2003 established a new power to make one set of
simple and simply expressed rules of court for all family
proceedings, namely the Family Procedure Rules. Her
Majesty's Courts Service and the Family Procedure Rule
Committee have been working together since 2004 to deliver these
new rules. The Family Procedure (Adoption) Rules were made in
October 2005 for adoption proceedings. The next stage, taken
forward in this consultation, is to complete the process for all
family proceedings.
2. Family Procedure Rules - a new procedural code for family
proceedings can be found at: http://www.justice.gov.uk/publications/cp1906.htm
3. The consultation paper set out the following four objectives
of the new rules: modernisation of language, harmonisation with
the Civil Procedure Rules (CPR), a single unified code of practice
and alignment of procedures in all levels of court. Views were
then sought on how these objectives could be achieved in relation
to specified areas of the proposed new rules.
4. The consultation closed on 1 December 2006 and this report
summarises the responses, including how the consultation process
influenced further development of the proposed rules.
http://www.justice.gov.uk
ENDS