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Friday, 26 February 2021

The President of the Family Division announced on 24 February 2021 that the Financial Remedies Court was now a permanent, jurisdiction-wide fixture following successful piloting which began in a few court areas in early 2018.

The FRC originates in a proposal first made by HHJ Edward Hess with Joanna Miles in 2016: "The recognition of money work as a specialty in the family courts by the creation of a national network of Financial Remedies Unit" (2016) 46 Family Law 1335, followed by a second piece with HHJ O’Dwyer in (2017) 47 Family Law 625, which was endorsed by the then President, Sir James Munby, in his article in the same issue.  

The FRCs deal with all financial remedy applications, whether arising following a domestic or overseas divorce, and under Sch 1 to the Children Act 1989. It is hoped that the necessary legislation will be passed in due course to enable the FRCs to deal with applications under the Trusts of Land and Appointment of Trustees Act 1996 (notably in the context of disputes between separating cohabitants) and for family provision following death under the Inheritance (Provision for Family and Dependants) Act 1975. The message from Sir Andrew MacFarlane regarding the formalisation of the FRC, and details about its locations and lead judges around England & Wales is available on the judiciary website.