Sir Andrew McFarlane, the President of the Family Division, has announced on the 24th February 2021 that the Financial Remedies Courts pilot project has now been completed. Financial Remedies Courts will now be included in the permanent structure of the Family Court in all 18 zones of the Family Court system in England and Wales.
The Financial Remedies Courts will deal with all financial remedy applications, whether arising from divorce, or under the Children Act 1989, Schedule 1, or under the Matrimonial and Family Proceedings Act 1984, Part 3. It will also deal with all applications for enforcement of financial remedy orders. The Presifdent is hopeful that in due course legislation will be passed which will allow the Financial Remedies Courts to hear applications under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) and the Inheritance (Provision for Family and Dependants) Act 1975.
The zones and membership of the courts are set out in a helpful organogram published by the Ministry of Justice. The key governing constitutional documents of the FRCs are the Good Practice Protocol and the document “Overall structure of the Financial Remedies Courts and the role and function of the lead judge”, both dated 7 November 2019.
The full announcement the Courts and Tribunals Judiciary website.
