News
Update to Standard Orders
On 17 May 2023 the updated Standard Orders and House Rules were released after a comprehensive review. A handful of minor amendments were made pursuant to a release on 24 October 2023.
The Standard Orders group has continued to monitor the orders contained in Volume 1 (finance) and Volume 2 (children and others) in the light of developments in law and practice.
This release is intended to address developments since May 2023.
The main changes are as follows:
- Orders 1.1 (para 81), 1.2 (para 52), 7.0 (para 72) and 7.1 (para 7) requiring the parties to file a new Form FM5 pursuant to the Family Procedure (Amendment No 2) Rules 2023 (SI/2023/1324 of which the relevant parts came into force on 29 April 2024. Orders enabling the court to adjourn so that the parties may attend non court dispute resolution are already incorporated at 1.1 (para 73), 7.0 (para 43) and 7.1 (para 14).
- The correct rule (7.19(5)) as opposed to the previous reference to 7.32(5) has been included in orders 1.1 and 1.2 in respect of applying for decree absolute/final divorce order more than 12 months after decree nisi/conditional divorce order.
- Updates to financial orders 6.1-6.3 and children orders 22.1-22.4 in respect of arbitrations.
- Inclusion in orders financial orders 1.1 and 1.2 of provision for interpreters.
- Recasting of the child arrangements order warnings and the confidentiality warnings to better reflect the provisions of (i) s12 of the Administration of Justice Act 1960 and (ii) s11I, s13 and s97 of the Children Act 1989.
- New or amended orders at 7.10, 7.11, 11.2 and 11.3 to reflect the provisions of the Police Disclosure Protocol dated 1 March 2024.
- A new police disclosure order at 10.3.
- Updates to provisions in respect of QLRs at 1.1 (paras 76 and 77), series 7, series 8 and 24.1-24.7.
- Amendments to orders for disclosure of the whereabouts of a child in series 9 and series 13 so that the address of the child may only be disclosed to the court in the first instance and not to the applicant without permission of the court. This is likely to become a rule later this year and is considered to be good practice before such a rule comes into force.
- A new Presumption of Death Order at 19.3.
- An updated email address for orders against the Home Office under 9.6.
The revised and updated Standard Orders are can be found on our website www.no18chambers.com/children-orders & www.no18chambers.com/finance-orders . For completeness, the House Rules which are unchanged.
Mr Justice Peel : Judge-in-Charge of the Standard Orders