How are debts owed to family members dealt with in divorce proceedings?
The first question for the court to determine is whether the debts are legitimate, and this is a...
At present divorce petitions and financial remedy applications can be sent to the family court of the petitioner’s choice.
This is set to change as central processing is being phased in whereby legal advisers at specialised divorce centres will deal with the bulk of the applications. For example previously District Judges dealt with Decree Nisi applications, but in the divorce centres legal advisers will have the power to do so although there will be District Judges on site to oversee any non-routine cases. Where a court hearing is required, for example in contested financial remedy proceedings, the client can indicate a preference for the hearing to be listed in a local court.
Here in the Black Country from 20 April 2015 onwards divorce petitions and financial remedy applications must be sent to Stoke-on-Trent rather than our local family courts in Dudley, Walsall and Birmingham.
It is hoped that once they have bedded in these changes will free up judicial time and reduce processing delays.