Fast-track (shortened) financial remedy procedure meaning

Procedure—Schedule 1 to the Children Act 1989 Unless an application seeks only periodical payments (ie no capital orders at all), an application under Schedule 1 to the Children Act 1989 (ChA 1989) will proceed in accordance with the standard procedure. In the same way, where a party applies to vary an existing order, the fast-track route is available only where the variation concerns a periodical payments order and no form of capitalisation is requested. See Practice Note: Fast-track (shortened) financial remedy procedure. An application under ChA 1989, Sch 1 is issued in the Family Court and is allocated to a district judge. See Practice Notes: Procedure—Schedule 1 to the Children Act 1989 and Issuing financial proceedings in Form A (standard procedure). This Procedural Guide is primarily focused on applications proceeding under the standard procedure. The pre-action protocol and the overriding objective contained in the Family Procedure Rules 2010 (FPR 2010) apply to applications under ChA 1989, Sch 1—see Practice Note: Financial proceedings—pre-application requirements—Pre-application protocol (FPR 2010, PD...

Practice Note This Practice Note outlines the procedural requirements for applications under Schedule 1 to the Children Act 1989 seeking capital or maintenance for a child. It also addresses the financial remedy framework in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, the court’s power to vary orders made under ChA 1989, Sch 1, and the relevant costs regime. Applications under ChA 1989, Sch 1 are governed by FPR 2010, SI 2010/2955. While an order under Sch 1 is a ‘financial remedy’, these proceedings are not ‘financial remedy proceedings’ as defined in FPR 2010, SI 2010/2955, 28.3(4)(b); accordingly, the usual ‘no order as to costs’ position does not apply—see: Costs in Schedule 1 cases. The fast‑track (shortened) financial remedy route previously applied to all Sch 1 applications; however, only an application seeking periodical payments alone will be dealt with under the fast‑track procedure. An application for a capital order, or one combining periodical payments with capital orders, will instead proceed under the...

Practice Note This Practice Note outlines which financial orders the court may, and may not, alter. It further explains the court’s powers under section 31 of the Matrimonial Causes Act 1973 (MCA 1973) and the parallel provisions in the Civil Partnership Act 2004 (CPA 2004). It identifies which variation applications can follow the fast-track (shortened) route under the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, and highlights pertinent case law, as well as the means by which parties can vary an order by consent. Pursuant to MCA 1973, s 31, and the corresponding CPA 2004 provisions, the court may vary or discharge specified orders for financial relief—see: Orders that can be varied and Orders that cannot be varied. On occasion, the court may instead suspend an order, or reinstate a suspended term. This Practice Note describes the overarching provisions for applications to vary...

Application to vary a periodical payments (maintenance) order This Practice Note outlines how to pursue a variation of a periodical payments (maintenance) order. It covers the court’s discretion to capitalise maintenance on a variation application, the fast-track (shortened) financial remedy route under the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, and the obligation to attend a mediation information and assessment meeting (MIAM). It also sets out how to seek a direction that the standard financial remedy procedure should replace the fast-track (shortened) route. The fast-track (shortened) route is confined to applications varying a periodical payments order only. Any other type of variation application proceeds under the standard procedure. Where, on a variation of periodical payments, the applicant asks for the order to be dismissed (immediately or later) and replaced with one or more orders capitalising maintenance, the standard procedure applies: lump sum order property adjustment order pension sharing order pension compensation sharing order For further guidance, see Practice Notes:...