Want a faster and more cost effective separation? New fast track pilot in Yorkshire courts could deliver. The fast track court procedure brings hopes of speedier and cheaper court settlements in matrimonial finances cases . The first courts to trial it include York, Scarborough, Harrogate, Leeds, Wakefield and Huddersfield

Juliet Walker, family solicitor at our York office looks at the new court pilot scheme.

The new rules are aimed at reducing delay in the current system to achieve a quicker settlement for court applicants. This applies to cases where their combined net assets are less than £250,000 excluding pensions. Anyone eligible will now be fast tracked under new rules effective from 7 April 2025 to April 2026.

What will this mean for clients who are eligible

We have listened to our clients and understand the impact upon them and their families caused by court backlogs. This includes congestion in the court diary to hear cases and the resulting rising legal costs from long drawn-out court cases especially where the assets are straightforward.

The impact of delay in moving on with family life can cause substantial emotional distress to couples and any children of the family.

Now the courts have introduced an express financial remedy procedure in operation for new cases in our local courts. If you qualify the expectation is resolution of your case within six months by reducing the number of court hearings to two. We will be able to prepare your case in a cost-effective manner, reduce waste and remove unnecessary complication.

What to expect

As the court aims to resolve your contested remedy case quicker by having a maximum of two hearings instead of three. Your case will be heard before a Judge at a meeting at court for Financial Dispute Resolution, more commonly known as the FDR. At the FDR, the Judge will review the documents the parties have provided and encourage a settlement. The Judge will also give an indication of the likely outcome of the case to encourage settlement negotiations on the day.

Previously it has taken much longer to get to this important stage where it has been shown most cases will settle without any further need for another hearing.

If the parties agree a financial settlement the Judge will make a record of the agreement. A consent order will then be sent to the judge to approve.

If the parties do not reach an agreement the court will list your case for a final hearing. The hearing will typically last 1 day and will aim to take place between 26 to 30 weeks after the issue of the original court application being accepted by the court. At a final hearing, the judge will decide the outcome of your financial application and make a final order. The order is a legal document that confirms the court’s decision.

Juliet concludes

“ We at Switalskis welcome this new development, which has been years in the making. The intention is if the pilot goes well to extend the current ceiling to £500,000 which would include far more people having access to this fast track. I hope this is going to be of real benefit for our clients who qualify. If you need to take the decisive step of issuing court proceedings your case will be dealt with promptly under the fast-tracked procedure. Not only that, but it is also hoped we will see a reduction in the legal costs for both parties and a quicker way to achieve a final agreement so you can move on with your life.

For our clients who do not qualify, the existing court procedure remains the same for the time being. We provide those clients with the same attention to reducing waste, time and achieving your goals irrespective of which court process applies.”

For confidential advice, call us on 0800 1380 458 or email help@switalskis.com