This paper is the response of The International Family Law Group LLP (iFLG) to the Ministry of Justice’s (MoJ) proposed amendments to Pt 9 of the Family Procedure Rules 2010 (FPR). We are pleased that the MoJ has decided to consult in relation to these issues which have the potential to have significant repercussions for national and international families.
We have focused on the narrow and discrete issues on which we understand the MoJ is consulting although we mention in passing the importance of ensuring that the family judge dealing with the financial proceedings particularly at FDR if being asked to approve a final financial order has access to the divorce file so that they can ascertain what stage the divorce proceedings have reached.
We are aware that the status in respect of EU legislation including Brussels II (BII) (Council Regulation (EC) No 2201/2013) and the EU Maintenance Regulation (MR) (Council Regulation (EC) No 4/2009) after the UK has left the EU remains unclear but for the purpose of this response we have proceeded on the basis that they are currently...
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