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EFIS 18, March 2006 : Divorce

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The Family Proceedings (Amendment) Rules 2006 amend the courts’ power to make cost orders in ancillary relief proceedings from 3rd April 2006.

The new rules will only enable the court to make cost orders in ancillary relief proceedings where it is justified by the conduct of one of the parties.

In addition, the courts will no longer be able to consider any “without prejudice” or “without prejudice save as to costs” offers which are known as Calderbank offers.

These new Rules represcribe DIV_H to provide more detailed cost estimates at interim hearings.

DIV_H1 is a new form which is designed to provide the court with a detailed statement of costs at a final ancillary relief hearing. DIV_H1 will enable the court to take account of each party’s ability to pay costs, according to their financial situation.

Practitioners should not use the new DIV_H or the DIV_H1 before the new Rules come into force on 3rd April.

The current version of DIV_H should continue to be used until 3rd April but not thereafter.

In response to feedback from customers, we have taken this opportunity to provide you with a version of DIV109 called the DIV109_EXP. This version allows you more space to complete certain sections of this form and can be used immediately. No alterations have been made to the text which was last amended on EFIS 74 in December 2005.

Finally, we have also taken this opportunity to make minor amendments to forms DIV96 and DIV_E which can be used immediately.

Forms affected

DIV_H1 Statement of Costs (Ancillary Relief) New/Amended
DIV109_EXP Statement of Information for a Consent Order - 3 page version New/Amended
DIV96 Request for Service of Petition by Court Bailiff New/Amended
DIV_E Financial Statement New/Amended
DIV_H Estimate of Costs (Ancillary Relief) New/Amended

Crown copyright forms are reproduced with the permission of the Controller of the Stationery Office. Law Society forms are reproduced with the permission of the Law Society. Legal Aid Forms are produced with the permission of the LSC.