Explanatory note

These Rules amend the Family Proceedings Rules 1991 (“the 1991 Rules”) to make provision about the costs of ancillary relief proceedings.

Rule 6 omits the existing rules about costs in such proceedings and rule 7 inserts a new rule 2.71 into the 1991 Rules which sets out a new general rule that the court will not make a costs order in ancillary relief proceedings unless it is appropriate to do so because of the conduct of one of the parties in relation to them. Paragraph (5) of the new rule 2.71 sets out the factors which the court must have regard to before making a costs order under the new rule.

Rule 5 substitutes a new rule 2.61F of the Family Proceedings Rules and requires the completion of a costs estimate at interim hearings (Form H) and the completion of a detailed statement of costs at any final ancillary relief hearing (Form H1).

Rules 2, 3, 4, 8 and 9 make changes consequential to the other changes made by these Rules. Rule 10 provides that the new rules about costs in ancillary relief proceedings only apply to proceedings commenced after these rules come into force.