Joinder Applications in Family Law
Family law disputes often involve intricate family financial dynamics that require resolution through the Family Court. Sometimes this involves other parties as well as the couple who are separating. In these cases, a joinder application will ensure that all relevant parties are included in the proceedings. Understanding the process is vital for understanding the complexities of the family court system.
What is a Joinder Application?
This is a legal process through which additional parties are brought into existing legal proceedings, for example, when someone with a significant interest or involvement in the matters being discussed. The purpose is to ensure that all relevant parties are present and represented, ensuring a fair and comprehensive dispute resolution.
When should a Joinder Application be Made?
Third Party Inclusion
There are various times when making a joinder application may be necessary, for example, when a third party, such as a grandparent or relative, has a significant interest in the welfare of a child involved in custody or visitation proceedings. If there are questions regarding parental responsibility or guardianship, then parties who have a claim to such rights may be joined to the case. In situations where there are allegations of domestic abuse involving people beyond the separating couple, those individuals may need to be joined to the proceedings to ensure their safety and rights are protected.
Financial Interests
There may be financial interests involving the division of assets where additional parties with financial interests in the matter need to be included in the proceedings.
How to make an Application
Your family lawyer will help you prepare a joinder application by clearly outlining why the additional person should be joined to the proceedings. This application will be submitted to the Family Court, where the existing proceedings are taking place. The lawyer will ensure that all relevant documentation is included and that the application is filed within a timeframe. Once the application is filed, it must be served on all parties involved in the existing proceedings and the party who is being joined. This ensures all parties have an opportunity to respond. The court may schedule a hearing to consider the application, and all parties will have the opportunity to present their arguments and evidence. The court will then make its decision, and if the application is granted, the additional party will be formally joined to the proceedings, and the case will proceed accordingly.
An example
An interesting case to take into account when looking at competing proceedings is the case of B v B, where the husband and wife were actually in agreement, but there was another party involved in the case (in this case, a bank). In 2023, the Judge in this case refused to approve the Consent Order, and the wife appealed to the Court of Appeal. The Court of Appeal then upheld the original Judge’s decision to refuse to approve the Consent Order, which left the husband in that case unable to satisfy a claim brought against him by the third party (the bank).
The Court was not prepared to approve the Consent Order without first understanding the true extent of Mr. B’s assets and liabilities. This is a stark reminder that a Consent Order agreed between the parties is not a Court Order until the Court approves it after careful scrutiny.
Contact Us
If you have a matrimonial matter and you wish to discuss the addition of a third party to the proceedings, do not hesitate to contact us on 01492 874774 to speak to one of our family team today.