In Part 1 of this series, we examined the broader objectives underpinning the Family Court Proceedings Regulations, including the enhanced role of mediators, the introduction of Support Persons, and the strengthened safeguards aimed at protecting the best interests of children and supporting families throughout judicial proceedings.
Whilst these measures reflect a more holistic approach to family justice, the Regulations also introduce substantial procedural reforms intended to promote greater transparency, accountability, and efficiency in family litigation. Particular emphasis is placed on early financial disclosure, the exchange of proposals at the outset of proceedings, structured mediation timelines, and stricter case-management measures designed to reduce delays.
This second part of the series analyses the principal procedural changes introduced by the Regulations and their practical implications for parties involved in personal separation, divorce, and other family-related proceedings before the Family Court.The new Regulations re-confirm the role of the Children’s Advocate but specify that the role shall be of a guardian ad litem and the duties of the Children’s Advocate are listed. This without prejudice to the obligations imposed by other legislation. Moreover, the procedure for the appointment of a Children’s Advocate is simplified to a request made by any party or the mediator and after the appointment o the mediator to the case. the discretion lies within the Court and shall be based on consideration of the particular circumstances of the case and the best interests of the child. The Children’s Advocate, on appointment, shall assist the minor throughout all proceedings. Sessions will be held with the minor alone and, where necessary, with the assisted parties, in order to draw up his submissions to the Court after hearing, or giving an opportunity to the parties and the children to be heard and taking into account the circumstances of the family. Moreover, if the Children’s Advocate considers that it is in the best interests of the child to appoint a support person as a court expert to assess the child, the parents, the parties or any other person whose conduct affects the best interests of the child, a request to this effect may be made to the Court to make such provisions as it deems fit after hearing the persons concerned.
Regulation 17 regulates the process for separation and divorce. The Regulations specify that authorization to proceed is to be requested by the party, by letter in the case of separation and by application in the case of a divorce. In the case of a letter initiating personal separation, the letter may be signed by the party personally. The Regulation has introduced a new requirement which seeks transparency at the initial stages of the process. Therefore it is now obligatory to submit, together with the letter referred to a sworn note containing a list of assets and liabilities within the community of acquests or the community of residue under separate administration, paraphernal property, common property and debts, paraphernal credits or debts and the matrimonial home, as known to the best of the party’s knowledge. Additionally, the party shall submit an official statement issued by his/her employer, (FS3), a statement of income for the preceding three(3) calendar years, or a profit and loss statement covering the same period, or any other official document indicating that person’s income during that period. Where such documents are not available, the party shall make a sworn declaration to that effect. Furthermore, the party shall also include the his/her proposal regarding the liquidation and division of assets, debts and credits, and the matrimonial home, together with a proposal concerning the care and custody of the children, children’s residence, proposed access rights of each party and the payment of maintenance, and expenses relating to health, education and extracurricular activities payable by each party. The counter-party shall be notified with all three documents that is to say, the letter requesting authorization, the note containing financial information and the initiating Party’s proposals. The counterparty shall be granted a period of twenty days to submit counter-proposals by means of a note which shall also contain the said information and documentation required by the initiating party. The note shall be served upon the applicant’s advocate so as to avoid delay in notification. The Court shall appoint a Mediator, who shall schedule not less than six (6)sessions within a maximum period of eight (8) months, which period may be extended for a maximum of four (4) months, either by agreement between the parties or by order of the Court for a valid reason upon the request of any party or the mediator. The mediator may be appointed either by the Court or by mutual consent of the parties. Where a party fails to attend mediation session, the matter shall be reported to the Court and the Court may take all necessary provisions. The role of the Mediator has remained, in essence, similar to the previous regulations and shall attempt to reconcile the parties. Where this is not possible, the mediator shall assume a proactive role to assist the parties reach an amicable settlement.
Regulation 27 introduces the possibility of evidence being heard during the mediation process. During the mediation process, the parties may by mutual agreement, or by application filed by either party, request the Court to appoint a judicial assistant to hear evidence on oath in order to facilitate the process before the mediator. Moreover, Regulation 28 introduces interim decrees on matters agreed upon by the Parties during mediation. Where agreement is reached on any of the issues during mediation concerning maintenance, access, or the care and custody of the children or their residence, a joint application shall be filed during the course of mediation so that the Court, once satisfied that the agreement is fair and in the best interests of the parties and the children, may issue a decree in camera on the matters agreed upon by the parties. Regulation 29 also aims at expediting applications pendente lite on matters in respect of which the Parties have not reached agreement during mediation insofar as such matters concern maintenance, care and custody, residence, therapeutic needs, educational and, or extracurricular activities, and any other substantial point of disagreement. The Court is bound by strict time limits and may either issue such decrees in camera within a maximum period of twenty (20) days, or if it considers that the matter warrants a hearing, it shall appoint the application for hearing within a maximum of twenty (20) days from the filing of the application, and any such pendente lite decree shall be issued within a maximum period of fifteen (15) days.
Regulation 30 is revolutionary in that it aims at ensuring and simplifying payment of dues by the Party ordered to pay maintenance. The maintenance ordered by the Court may be deducted directly from the salary of the party so ordered to pay and the Court may also order the party who is obliged to pay the maintenance to establish a standing order with the bank or financial institution for the direct payment of the maintenance to the other party and, insofar as possible, the same shall apply to expenses relating to health, education and extracurricular activities contributing to the well-being of the children.
The right of access is, in terms of Regulation 37, an on the parent who requested, or in favour of whom it has been granted, and shall also be an obligation on the other parent to provide it. Any breach, both of the obligation to provide access and of the obligation to carry out and observe access, shall be deemed to be a breach of a decree of the Court. The amendments addresses the failure by the party granted access, to actually exercise such access.
The right to file an interim application during conciliation or mediation stage and the right to request court provisions due to breach of court decree have been retained and are safeguarded in terms of Regulations 33 and 34.
The process for submitting a draft deed upon agreement between the parties has not undergone any major changes and therefore parties may either file a joint note submitting the deed after the mediation has been initiated or, by virtue of a joint note signed by the notary who prepared the draft and by their respective advocates or legal procurators, indicate the appointment of the mediator. The Court may request a hearing or may proceed to issuing a decree in camera. Where parties agree to amend an already existing contract or terms of a judgment, mediation shall not be necessary and a joint note shall suffice.
The term for filing court action for matters regulated by the Regulation, has remained unchanged that is to say, two months from the Court’s decree authorizing parties to proceed. However, the term may be extended upon request by a Party if the Court so deems acceptable in the circumstances. The terms for submitting evidence have been specifically regulated as the Court shall establish a time limit within which the parties shall submit all documentary evidence in support of their case and produce any witnesses whose testimony cannot be given by affidavit. In any case, The Court shall concede to the plaintiff up to six (6) months to file evidence by affidavit and any other documentary evidence. Upon the closure of the plaintiff’s evidence the Court shall allow up to six (6) months to the defendant to file evidence by affidavit and any other documentary evidence. The six month periods may be extended on the basis of serious grounds to be determine by Court. During the period allowed for the filing of evidence by affidavit and documentary evidence the Court shall still proceed with the hearing of the cause. In this manner, parties shall be subjected to determinate time-limits hence avoiding unnecessary delays in conclusion of the case.
By way of conclusion, the new Regulations shall not in any manner disrupt pending mediations initiated prior to 1 October 2026 and the repealed regulations shall be deemed to have remained in force for the purpose of ensuring that no appointment of a mediator, a Children’s Advocate or support person, made in accordance with those regulations, shall cease to be in force by reason of the provisions of the new regulations until such appointment shall not have been terminated in accordance with the repealed regulations or under the new regulations. Continuity is therefore ensured.
One trusts that the new Regulations offer a more fair, transparent and expeditious procedure in family matters and the necessary professional support ensured, in the best interests of all involved.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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