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22 Feb 2008 10:27 AM
Family court rules to be simplified, language modernised

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 Outdated language will be replaced by every day terms that reflect the way people think in the 21st century.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