Log on
Browse content

President approves, reissues and "strongly encourages the use of" the standard family orders

Legal Materials Copyright Statement & Disclaimer

The orders, though not mandatory, should become the starting point for all family court drafting says President.

  • New Presidential Guidance issued today has reinforced his call to make standard family orders "the starting point, and, I would hope and expect, usually the finishing point, of the drafting exercise".

    While stopping short of making use of the orders mandatory, partly because the IT systems in the family court are not yet up to it, he "strongly encourages" their use and has decided that

    "the time has now come for these draft orders to be placed on a more formal footing. I do so in order to promote national consistency, and to avoid for the future, so far as possible, ambiguities in the meaning of the wording of an order. "

    The approved set of orders has been edited in accordance with the House Rules first issued in 2013. The orders are colour coded. The text in red colouring is used where a selection has to be made by the person drafting the order. The text in SMALL CAPITALS with green colouring is where the draft orders incorporate an editorial comment.

    Aside from the editing exercise there is one significant change in the wording of the original financial remedy order concerning pension sharing where an order has been agreed but one of the parties dies before it has been implemented.

    The approved orders are being added to the Family Law Hub today and will be available under a new Orders tab under the Browse Content drop-down menu. In due course we will also add useful practice guidance written by HHJ Edward Hess, extracted from the forthcoming Standard Family Orders Handbook to be published by Class Legal in January 2018. The guidance will be available to paying Hub members.

    In the meantime the zip file containing the entire collection is available to download from the right hand panel. You can read the full Guidance and the House Rules here.


Published: 30/11/2017

Bookmark this item




Copyright 

Copyright in the original legal material published on the Family Law Hub is vested in Mills & Reeve LLP (as per date of publication shown on screen) unless indicated otherwise.

Disclaimer

The Family Law Hub website relates to the legal position in England Wales and all of the material within it has been prepared with the aim of providing key information only and does not constitute legal advice in relation to any particular situation. While Mills & Reeve LLP aims to ensure that the information is correct at the date on which it is added to the website, the legal position can change frequently, and content will not always be updated following any relevant changes. You therefore acknowledge and agree that Mills & Reeve LLP and its members and employees accept no liability whatsoever in contract, tort or otherwise for any loss or damage caused by or arising directly or indirectly in connection with any use or reliance on the contents of our website except to the extent that such liability cannot be excluded by law.