A judge has halted a divorce case, using new powers to direct a couple to seek a non-court dispute resolution (NCDR).

Background of the Case

The Family Procedure Rule Parts 3 and 28, which came into effect on 29 April, now allows a judge to order an adjournment for NCDR without requiring the divorcing couple’s agreement.

Case Details

In the case of NA v LA in the High Court, Nicholas Allen KC, sitting as a deputy judge, deemed it a ‘paradigm case’ for the court to exercise its new powers. The financial remedy hearing involved children, and the wife had already incurred significant costs.

Judge’s Rationale

Deputy Judge Allen highlighted that the regulations encourage parties to undertake non-court dispute resolution. He stated that the agreement of the parties to an adjournment for NCDR is no longer required. He referenced para 10E of PD3A, which indicates that the court may consider parties’ conduct in relation to NCDR when making a costs order.

Encouragement for NCDR

Deputy Judge Allen emphasized that engaging in NCDR would be beneficial for the parties emotionally and financially, as well as for their children. He instructed the parties to inform the court about:

• Engagement (if any) with NCDR
• Resolutions of any issues in the proceedings
• Their respective proposals for moving forward.

Case Reference
Judge Halts Divorce Case and Urges Couple to Reach Resolution Out of Court
NA v LA
Family Court
24 May
Nicholas Allen KC (Sitting as a Deputy High Court Judge