7th April 2025 marked the commencement of the PD 36ZH Pilot Scheme, which introduces a significant revision to the Family Procedure Rules for matrimonial finance cases, particularly those with combined net assets under £250,000.
Introduced in a bid to alleviate the overwhelming pressures faced by financial remedies courts, this new streamlined process is expected to reshape how lower-value financial disputes are managed in courts across the North of England.
Pupil Barrister Alex Clift from Coram Chambers has recently published an insightful article on Family Law Week, where she discusses the motivations behind the Pilot and the procedural changes it entails.
The scheme follows recommendations from the Farquhar Committee, which highlighted the lengthy average proceedings times that plague financial remedies cases.
In 2019, practitioners found themselves waiting an average of 55 weeks for the First Directions Hearing (FDR) and an astonishing 84 weeks for a final hearing. The aim of this Pilot, therefore, is clear: to introduce a fast-track system that not only reduces the burden on courts but also curtails the stress faced by separating couples.
What is the Scope of the Pilot?
The Pilot will apply narrowly, targeting cases with cumulative net asset values, excluding pensions or compensation claims, below £250,000. Importantly, this makes it an unsuitable avenue for applications under Schedule 1 of the Children Act 1989 or Part III of the Matrimonial Finances Act 1984. As for its geographical reach, the Pilot will run in various courts including Barrow in Furness, Birkenhead, Birmingham, and many others across the North.
What Changes Can Parties Expect?
The operational framework of the Pilot is marked by a rigorous timeline, featuring a first hearing scheduled 16 to 20 weeks post-application and a final hearing set for 26 to 30 weeks. Parties are required to adhere strictly to a series of new obligations designed to expedite proceedings. Financial statements must be exchanged 28 days prior to the first hearing, along with a limited questionnaire exchange to clarify key financial matters.
Notably, the Pilot mandates an emphasis on upfront preparation, expecting parties to obtain joint valuations or financial statements where disagreements arise. Proposals for settlements are also expected to be submitted well in advance of hearings, aiming to facilitate discussions from the outset.
Flexibility in Complex Cases
Despite the streamlined focus, there is recognition that simplicity cannot be assumed even in lower-value cases. In instances where the complexities of a case suggest the need for a standard procedure, parties are afforded the opportunity to apply for such an adjustment. This provision ensures that the Pilot remains adaptable while still promoting efficiency within the court system.
A New Approach Ahead
As the Pilot unfolds over the coming year, both practitioners and clients will navigate a new landscape that demands heightened diligence regarding deadlines and documentation. The definitive schedule under the Pilot challenges conventional practices, and adherence will be crucial. The success of this initiative could lead to broader application across England and Wales, with the prospect of extending the monetary threshold to £500,000 for future procedures promising even greater efficiencies in the long term.
As Alex Clift notes, the expectation is that the Pilot will not only ease court backlogs but also support separating couples in achieving a “clean break” with less stress and delay. This pilot initiative heralds a new dawn in family law, where timely resolutions are hoped to become the norm rather than the exception.
For further details and insights, please read the full article here.
