Legalize / United Kingdom / Statutory-Instrument

The Family Procedure Rules 2010

Type Statutory-Instrument

Publication 2010-12-13

Last updated 2026-03-02

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

PDF Download

articles Not indexed

Reform history JSON API

Made: 13th December 2010

Laid before Parliament: 17th December 2010

Coming into force: 6th April 2011

The Family Procedure Rule Committee makes the following rules in exercise of the powers conferred by sections 75 and 76 of the Courts Act 2003 , section 18(1) of the Maintenance Orders (Reciprocal Enforcement) Act 1972 , sections 12 and 48 of the Civil Jurisdiction and Judgments Act 1982 , sections 10 and 24 of the Child Abduction and Custody Act 1985 , section 97(1) of the Children Act 1989 , section 54(1) of the Access to Justice Act 1999 , sections 52(7), 102, 109(2) and 141(1) and (3) of the Adoption and Children Act 2002 , after consulting in accordance with section 79 of the Courts Act 2003 .

These rules may be cited as the Family Procedure Rules 2010 and shall come into force on 6th April 2011.

PART 1 — OVERRIDING OBJECTIVE

The overriding objective

1

(1) These rules are a new procedural code with the overriding objective of enabling the court to deal with cases justly, having regard to any welfare issues involved.

(2) Dealing with a case justly includes, so far as is practicable—

(a) ensuring that it is dealt with expeditiously and fairly;

(b) dealing with the case in ways which are proportionate to the nature, importance and complexity of the issues;

(d) saving expense; and

(e) allotting to it an appropriate share of the court's resources, while taking into account the need to allot resources to other cases.

Application by the court of the overriding objective

1

The court must seek to give effect to the overriding objective when it—

(a) exercises any power given to it by these rules; or

(b) interprets any rule.

Duty of the parties

1

The parties are required to help the court to further the overriding objective.

Court's duty to manage cases

1

(1) The court must further the overriding objective by actively managing cases.

(2) Active case management includes—

(a) setting timetables or otherwise controlling the progress of the case;

(b) identifying at an early stage—

(i) the issues; and

(ii) who should be a party to the proceedings;

(i) which issues need full investigation and hearing and which do not; and

(ii) the procedure to be followed in the case;

(d) deciding the order in which issues are to be resolved;

(e) controlling the use of expert evidence;

(f) encouraging the parties to use a non-court dispute resolution procedure if the court considers that appropriate and facilitating the use of such procedure;

(g) helping the parties to settle the whole or part of the case;

(h) encouraging the parties to co-operate with each other in the conduct of proceedings;

(i) considering whether the likely benefits of taking a particular step justify the cost of taking it;

(j) dealing with as many aspects of the case as it can on the same occasion;

(k) dealing with the case without the parties needing to attend at court;

(l) making use of technology; and

(m) giving directions to ensure that the case proceeds quickly and efficiently.

PART 2 — APPLICATION AND INTERPRETATION OF THE RULES

Application of these Rules

2

Unless the context otherwise requires, these rules apply to family proceedings in—

(a) the High Court; and

(b) the family court.

The glossary

2

(1) The glossary at the end of these rules is a guide to the meaning of certain legal expressions used in the rules, but is not to be taken as giving those expressions any meaning in the rules which they do not have in the law generally.

(2) Subject to paragraph (3), words in these rules which are included in the glossary are followed by “GL”.

(3) The word “service”, which appears frequently in the rules, is included in the glossary but is not followed by “GL”.

Interpretation

2

(1) In these rules—

“the 1958 Act” means the Maintenance Orders Act 1958;

“the 1973 Act” means the Matrimonial Causes Act 1973 ;

“the 1978 Act” means the Domestic Proceedings and Magistrates' Courts Act 1978 ;

“the 1980 Hague Convention” means the Convention on the Civil Aspects of International Child Abduction which was signed at The Hague on 25 October 1980;

“the 1984 Act” means the Matrimonial and Family Proceedings Act 1984 ;

“the 1986 Act” means the Family Law Act 1986 ;

“the 1989 Act” means the Children Act 1989;

“the 1990 Act” means the Human Fertilisation and Embryology Act 1990 ;

“the 1991 Act” means the Child Support Act 1991 ;

“the 1996 Act” means the Family Law Act 1996 ;

“the 1996 Hague Convention” means the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-Operation in Respect of Parental Responsibility and Measures for the Protection of Children;

“the 2002 Act” means the Adoption and Children Act 2002;

“the 2004 Act” means the Civil Partnership Act 2004;

“the 2005 Act” means the Mental Capacity Act 2005 ;

“the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and other forms of Family Maintenance done at The Hague on 23 November 2007;

“the 2008 Act” means the Human Fertilisation and Embryology Act 2008 ;

“the 2014 Act” means the Children and Families Act 2014

“adoption proceedings” means proceedings for an adoption order under the 2002 Act;

“application form” means a document in which the applicant states his intention to seek a court order other than in accordance with the Part 18 procedure;

“application notice” means a document in which the applicant states his intention to seek a court order in accordance with the Part 18 procedure;

“Article 11 form” means a form published by the Permanent Bureau of the Hague Conference under Article 11(4) of the 2007 Hague Convention for use in relation to an application under Article 10 of that Convention, and includes a Financial Circumstances Form as defined in rule 9.3(1) which accompanies such an application;

“Assembly” means the National Assembly for Wales;

“bank holiday” means a bank holiday under the Banking and Financial Dealings Act 1971 —for the purpose of service of a document within the United Kingdom, in the part of the United Kingdom where service is to take place; andfor all other purposes, in England and Wales.

“business day” means any day other than—a Saturday, Sunday, Christmas Day or Good Friday; ora bank holiday;

“care order” has the meaning assigned to it by section 31(11) of the 1989 Act;

“CCR” means the County Court Rules 1981, as they appear in Schedule 2 to the CPR ...;

“child” means a person under the age of 18 years who is the subject of the proceedings; except that—in adoption proceedings, it also includes a person who has attained the age of 18 years before the proceedings are concluded; andin proceedings brought under ... the 1980 Hague Convention or the European Convention, it means a person under the age of 16 years who is the subject of the proceedings;

“child arrangements order” has the meaning given to it by section 8(1) of the 1989 Act;

“child of the family” has the meaning given to it by section 105(1) of the 1989 Act;

“children and family reporter” means an officer of the Service or a Welsh family proceedings officer who has been asked to prepare a welfare report under section 7(1)(a) of the 1989 Act or section 102(3)(b) of the 2002 Act;

“children's guardian” means—in relation to a child who is the subject of and a party to specified proceedings or proceedings to which Part 14 applies, the person appointed in accordance with rule 16.3(1); andin any other case, the person appointed in accordance with rule 16.4;

“civil partnership order” means one of the orders mentioned in section 37 of the 2004 Act;

“civil partnership proceedings” means proceedings for a civil partnership order;

“civil restraint order” means an order restraining a party—from making any further applications in current proceedings (a limited civil restraint order);from making certain applications in specified courts (an extended civil restraint order); orfrom making any application in specified courts (a general civil restraint order);

“consent order” means an order in the terms applied for to which the respondent agrees;

“court” means, subject to any rule or other enactment which provides otherwise, the High Court, or the family court;(rule 2.5 relates to the power to perform functions of the court.)

“court officer” means a member of court staff;

“CPR” means the Civil Procedure Rules 1998;

“deputy” has the meaning given in section 16(2)(b) of the 2005 Act;

“detailed assessment proceedings” means the procedure by which the amount of costs is decided in accordance with Part 47 of the CPR;

“directions appointment” means a hearing for directions;

“domestic abuse” has the meaning given in sections 1 and 2 of the Domestic Abuse Act 2021;

“the European Convention” means the European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on the Restoration of Custody of Children which was signed in Luxembourg on 20 May 1980;

“filing”, in relation to a document, means delivering it, by post or otherwise, to the court office;

“financial order” means—an avoidance of disposition order;an order for maintenance pending suit;an order for maintenance pending outcome of proceedings;an order for periodical payments or lump sum provision as mentioned in section 21(1) of the 1973 Act , except an order under section 27(6) of that Act ;an order for periodical payments or lump sum provision as mentioned in paragraph 2(1) of Schedule 5 to the 2004 Act, made under Part 1 of Schedule 5 to that Act;a property adjustment order;a variation order;a pension sharing order; ora pension compensation sharing order; (“variation order”, “pension compensation sharing order” and “pension sharing order” are defined in rule 9.3.)

“financial remedy” means—a financial order;an order under Schedule 1 to the 1989 Act;an order under Part 3 of the 1984 Act except an application under section 13 of the 1984 Act for permission to apply for a financial remedy ;an order under Schedule 7 to the 2004 Act except an application under paragraph 4 of Schedule 7 to the 2004 Act for permission to apply for an order under paragraph 9 or 13 of that Schedule ;an order under section 27 of the 1973 Act;an order under Part 9 of Schedule 5 to the 2004 Act;an order under section 35 of the 1973 Act ;an order under paragraph 69 of Schedule 5 to the 2004 Act;an order under Part 1 of the 1978 Act;an order under Schedule 6 to the 2004 Act;an order under section 10(2) of the 1973 Act ; oran order under section 48(2) of the 2004 Act;

“hearing” includes a directions appointment;

“hearsay” means a statement made, otherwise than by a person while giving oral evidence in proceedings, which is tendered as evidence of the matters stated, and references to hearsay include hearsay of whatever degree;

“incoming protection measure” means a protection measure that has been ordered in a Member State of the European Union other than ...Denmark;

“inherent jurisdiction” means the High Court's power to make any order or determine any issue in respect of a child, including in wardship proceedings, where it would be just and equitable to do so unless restricted by legislation or case law;(Practice Direction 12D (Inherent Jurisdiction (including Wardship Proceedings)) provides examples of inherent jurisdiction proceedings.)

“judge” means—in the High Court, a judge or a district judge of that court (including a district judge of the principal registry) or a person authorised to act as such; andin the family court, a person who is—the Lord Chief Justice;the Master of the Rolls;the President of the King’s Bench Division;the President of the Family Division;the Chancellor of the High Court;an ordinary judge of the Court of Appeal (including the vice-president, if any, of either division of that court);the Senior President of Tribunals;a puisne judge of the High Court;a deputy judge of the High Court;a person who has been a judge of the Court of Appeal or a puisne judge of the High Court who may act as a judge of the family court by virtue of section 9 of the Senior Courts Act 1981;the Chief Taxing Master;a taxing master of the Senior Courts;a person appointed to act as a deputy for the person holding office referred to in sub-paragraph (xii) or to act as a temporary additional officer for any such office;a circuit judge;a Recorder;the Senior District Judge of the Family Division;a district judge of the principal registry;a person appointed to act as a deputy for the person holding office referred to in sub-paragraph (xvii) or to act as a temporary additional office holder for any such office;a district judge;a deputy district judge appointed under section 102 of the Senior Courts Act 1981 or section 8 of the County Courts Act 1984;a District Judge (Magistrates’ Courts);a lay justice;any other judge referred to in section 31C(1) of the 1984 Act who is authorised by the President of the Family Division to conduct particular business in the family court;

“jurisdiction” means, unless the context requires otherwise, England and Wales and any part of the territorial waters of the United Kingdom adjoining England and Wales;

“justices’ legal adviser” means a person authorised to exercise functions under section 67B of the Courts Act 2003 who has such qualifications as are prescribed by the Authorised Court Staff (Legal Advice Functions) Qualifications Regulations 2020;

“lay justice” means a justice of the peace who is not a District Judge (Magistrates’ Courts);

“legal representative” means a—barrister;solicitor;solicitor's employee;manager of a body recognised under section 9 of the Administration of Justice Act 1985 ; orperson who, for the purposes of the Legal Services Act 2007 , is an authorised person in relation to an activity which constitutes the conduct of litigation (within the meaning of the Act),who has been instructed to act for a party in relation to proceedings;

“litigation friend” has the meaning given—in relation to a protected party, by Part 15; andin relation to a child, by Part 16;

“matrimonial cause” means proceedings for a matrimonial order;

“matrimonial order” means—a divorce order made under section 1 of the 1973 Act ;a nullity of marriage order made on one of the grounds set out in section 11, 12 or 12A of the 1973 Act ;a judicial separation order made under section 17 of the 1973 Act ;

“non-court dispute resolution” means methods of resolving a dispute other than through the court process, including but not limited to mediation, arbitration, evaluation by a neutral third party (such as a private Financial Dispute Resolution process) and collaborative law;

“note” includes a record made by mechanical means;

“officer of the Service” has the meaning given by section 11(3) of the Criminal Justice and Court Services Act 2000;

“order” includes directions of the court;

“order for maintenance pending outcome of proceedings” means an order under paragraph 38 of Schedule 5 to the 2004 Act;

“order for maintenance pending suit” means an order under section 22 of the 1973 Act ;

“parental order proceedings” has the meaning assigned to it by rule 13.1;

“parental responsibility” has the meaning assigned to it by section 3 of the 1989 Act;

“placement proceedings” means proceedings for the making, varying or revoking of a placement order under the 2002 Act;

“principal registry” means the principal registry of the Family Division of the High Court;

“proceedings” means, unless the context requires otherwise, family proceedings as defined in section 75(3) of the Courts Act 2003;

“professional acting in furtherance of the protection of children” includes—an officer of a local authority exercising child protection functions;a police officer who is—exercising powers under section 46 of the Act of 1989; orserving in a child protection unit or a paedophile unit of a police force;any professional person attending a child protection conference or review in relation to a child who is the subject of the proceedings to which the information regarding the proceedings held in private relates ; an officer of the National Society for the Prevention of Cruelty to Children; or a member or employee of the Disclosure and Barring Service, being the body established under section 87(1) of the Protection of Freedoms Act 2012;

“professional legal adviser” means a—barrister;solicitor;solicitor's employee;manager of a body recognised under section 9 of the Administration of Justice Act 1985; orperson who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the conduct of litigation (within the meaning of that Act),who is providing advice to a party but is not instructed to represent that party in the proceedings;

“property adjustment order” means—in proceedings under the 1973 Act, any of the orders mentioned in section 21(2) of that Act;in proceedings under the 1984 Act, an order under section 17(1)(a)(ii) of that Act;in proceedings under Schedule 5 to the 2004 Act, any of the orders mentioned in paragraph 7(1); orin proceedings under Schedule 7 to the 2004 Act, an order for property adjustment under paragraph 9(2) or (3);

“protected party” means a party, or an intended party, who lacks capacity (within the meaning of the 2005 Act) to conduct proceedings;

“protection measure” has the meaning given to it in the Protection Measures Regulation;

“Protection Measures Regulation” means the Regulation (EU) No 606/2013 of the European Parliament and of the Council of 12th June 2013 on mutual recognition of protection measures in civil matters(1);

“reporting officer” means an officer of the Service or a Welsh family proceedings officer appointed to witness the documents which signify a parent's or guardian's consent to the placing of the child for adoption or to the making of an adoption order or a section 84 order;

“risk assessment” has the meaning assigned to it by section 16A(3) of the 1989 Act;

“RSC” means the Rules of the Supreme Court 1965 as they appear in Schedule 1 to the CPR ...;

“section 8 order” has the meaning assigned to it by section 8(2) of the 1989 Act;

“section 84 order” means an order made by the High Court under section 84 of the 2002 Act giving parental responsibility prior to adoption abroad;

“section 89 order” means an order made by the High Court under section 89 of the 2002 Act—annulling a Convention adoption or Convention adoption order;providing for an overseas adoption or determination under section 91 of the 2002 Act to cease to be valid; ordeciding the extent, if any, to which a determination under section 91 of the 2002 Act has been affected by a subsequent determination under that section;

“Service” has the meaning given by section 11 of the Criminal Justice and Court Services Act 2000;

“specified proceedings” has the meaning assigned to it by section 41(6) of the 1989 Act and rule 12.27;

“welfare officer” means a person who has been asked to prepare a report under section 7(1)(b) of the 1989 Act ;

“Welsh family proceedings officer” has the meaning given by section 35(4) of the Children Act 2004.

(2) In these rules a reference to —

(a) an application for a matrimonial order or a civil partnership order is to be read as a reference to an application for—

(i) a matrimonial order; or

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) a civil partnership order,

and includes an application by a respondent asking for such an order;

(b) “financial order” in matrimonial proceedings is to be read as a reference to “ancillary relief”;

(3) Where these rules apply the CPR, they apply the CPR as amended from time to time.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Modification of rules in application to serial numbers etc.

2

If a serial number has been assigned under rule 14.2 or the name or other contact details of a party is not being revealed in accordance with rule 29.1—

(a) any rule requiring any party to serve any document will not apply; and

(b) the court will give directions about serving any document on the other parties.

Power to perform functions conferred on the court by these rules and practice directions

2

(1) Where these rules or a practice direction provide for the court to perform any function then, except where any rule or practice direction or any other enactment provides otherwise, that function may be performed—

(a) in relation to proceedings in the High Court or in a district registry, by any judge or district judge of that Court including a district judge of the principal registry;

(b) in relation to proceedings in the family court—

(i) by the court composed in accordance with rules made under section 31D of the 1984 Act; or

(ii) where Practice Direction 2A applies, by a single lay justice who is authorised as specified in rules made under section 31D of the 1984 Act.

(... )

(1A) The functions of the family court or a judge of the family court listed in Practice Direction 2C may be exercised by a justices’ legal adviser.

(1B) The functions of the High Court listed in Practice Direction 2D may be exercised by a court officer who meets the criteria specified in that Practice Direction.

(1C) Practice Direction 2D may make provision for the procedure to be followed where such a court officer exercises a function of the High Court.

(2) A deputy High Court judge and a district judge, including a district judge of the principal registry, may not try a claim for a declaration of incompatibility in accordance with section 4 of the Human Rights Act 1998 .

Powers of the single justice to perform functions under the 1989 Act, the 1996 Act, the 2002 Act and the Childcare Act 2006

2

(1) A single lay justice who is authorised as specified in rules made under section 31D of the 1984 Act may perform the functions of the family court—

(a) where an application without notice is made under sections 10, 44(1), 48(9), 50(4) and 102(1) of the 1989 Act ;

(b) subject to paragraph (2), under sections 11(3) or 38(1) of the 1989 Act;

(c) under sections 4(3)(b), 4A(3)(b), 4ZA(6)(b), 7, 34(3)(b), 41, 44(9)(b) and (11)(b)(iii), 48(4), 91(15) or (17) or paragraph 11(4) of Schedule 14 of the 1989 Act;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) where an application without notice is made under section 41(2) of the 2002 Act (recovery orders);

(f) where an application without notice is made for an occupation order or a non molestation order under Part 4 of the 1996 Act; or

(g) where an application is made for a warrant under section 79 of the Childcare Act 2006;

(2) A single lay justice may make an order under section 11(3) or 38(1) of the 1989 Act where—

(a) a previous such order has been made in the same proceedings;

(b) the terms of the order sought are the same as those of the last such order made; and

(i) the other parties and any children's guardian consent to the request and they or their legal representatives have signed the request; or

(ii) at least one of the other parties and any children's guardian consent to the request and they or their legal representatives have signed the request, and the remaining parties have not indicated that they either consent to or oppose the making of the order.

(3) The proceedings referred to in paragraph (1)(a) and (c) are proceedings which are prescribed for the purposes of section 93(2)(i) of the 1989 Act.

Single justice's power to refer to a magistrates' court

2

Where a single lay justice—

(a) is performing a function of the family court in accordance with rule 2.5(1)(b)(ii) or rule 2.6(1) or (2); and

(b) considers, for whatever reason, that it is inappropriate to perform the function,

the single lay justice must refer the matter to the family court.

Court's discretion as to where it deals with cases

2

The court may deal with a case at any place that it considers appropriate.

Computation of time

2

(1) This rule shows how to calculate any period of time for doing any act which is specified—

(a) by these rules;

(b) by a practice direction; or

(2) A period of time expressed as a number of days must be computed as clear days.

(3) In this rule “clear days” means that in computing the numbers of days—

(a) the day on which the period begins; and

(b) if the end of the period is defined by reference to an event, the day on which that event occurs,

are not included.

(4) Where the specified period is 7 days or less and includes a day which is not a business day, that day does not count.

(5) When the period specified—

(a) by these rules or a practice direction; or

(b) by any direction or order of the court,

for doing any act at the court office ends on a day on which the office is closed, that act will be in time if done on the next day on which the court office is open.

Dates for compliance to be calendar dates and to include time of day

2

(1) Where the court makes an order or gives a direction which imposes a time limit for doing any act, the last date for compliance must, wherever practicable—

(a) be expressed as a calendar date; and

(b) include the time of day by which the act must be done.

(2) Where the date by which an act must be done is inserted in any document, the date must, wherever practicable, be expressed as a calendar date.

(3) Where “month” occurs in any order, direction or other document, it means a calendar month.

Part 3 — Non-court Dispute Resolution

Scope of this Part

3.1

In this Part—

“allocation” means allocation of proceedings other than appeal proceedings to a level of judge;

“authorised family mediator” means a person identified by the Family Mediation Council as qualified to conduct a MIAM;

“family mediation information and assessment meeting” has the meaning given to it in section 10(3) of the 2014 Act.

“harm” has the meaning given to it in section 31 of the Children Act 1989;

“MIAM” means a family mediation information and assessment meeting;

“MIAM exemption” has the meaning given to it in Rule 3.8(1);

“MIAM requirement” is the requirement in section 10(1) of the 2014 Act for a person to attend a MIAM before making a relevant family application;

“private law proceedings” has the meaning given to it in Rule 12.2;

“prospective applicant” is the person who is considering making a relevant family application;

“prospective party” is a person who would be likely to be a party to the proceedings in the relevant family application;

“relevant family application” has the meaning given to it in section 10(3) of the 2014 Act.

Court's duty to consider alternative dispute resolution

3.2

This Chapter contains the court’s duty and powers to encourage and facilitate the use of non-court dispute resolution.

When the court will adjourn proceedings or a hearing in proceedings

3.3

(1) The court must consider, at every stage in proceedings, whether non-court dispute resolution is appropriate.

(1A) When the court requires, a party must file with the court and serve on all other parties, in the time period specified by the court, a form setting out their views on using non-court dispute resolution as a means of resolving the matters raised in the proceedings.

(2) In considering whether non-court dispute resolution is appropriate in proceedings which were commenced by a relevant family application, the court must take into account –

(a) whether a MIAM took place;

(b) whether a valid MIAM exemption was claimed ...; and

(c) whether the parties attempted mediation or another form of non-court dispute resolution and the outcome of that process.

PART 4 — GENERAL CASE MANAGEMENT POWERS

The court's general powers of management

4

(1) In this Part, “statement of case” means the whole or part of, an application form or answer.

(2) The list of powers in this rule is in addition to any powers given to the court by any other rule or practice direction or by any other enactment or any powers it may otherwise have.

(3) Except where these rules provide otherwise, the court may—

(a) extend or shorten the time for compliance with any rule, practice direction or court order (even if an application for extension is made after the time for compliance has expired);

(b) make such order for disclosure and inspection, including specific disclosure of documents, as it thinks fit;

(bb) direct that any proceedings in the High Court be heard by a Divisional Court of the High Court;

(d) require a party or a party's legal representative to attend the court;

(e) hold a hearing and receive evidence by telephone or by using any other method of direct oral communication;

(f) direct that part of any proceedings be dealt with as separate proceedings;

(g) stay(GL) the whole or part of any proceedings or judgment either generally or until a specified date or event;

(h) consolidate proceedings;

(i) hear two or more applications on the same occasion;

(j) direct a separate hearing of any issue;

(k) decide the order in which issues are to be heard;

(l) exclude an issue from consideration;

(m) dismiss or give a decision on an application after a decision on a preliminary issue;

(n) direct any party to file and serve an estimate of costs; and

(o) take any other step or make any other order for the purpose of managing the case and furthering the overriding objective.

(Rule 21.1 explains what is meant by disclosure and inspection.)

(Rule 37.15(6)(b) makes specific provision in relation to Divisional Courts.)

(4) When the court makes an order, it may—

(a) make it subject to conditions, including a condition to pay a sum of money into court; and

(b) specify the consequence of failure to comply with the order or a condition.

(4A) Where the court has made a direction in accordance with paragraph (3)(bb) the proceedings shall be heard by a Divisional Court of the High Court and not by a single judge.

(5) Where the court gives directions it will take into account whether or not a party has complied with any relevant pre-action protocol(GL).

(6) A power of the court under these rules to make an order includes a power to vary or revoke the order.

(7) Any provision in these rules—

(a) requiring or permitting directions to be given by the court is to be taken as including provision for such directions to be varied or revoked; and

(b) requiring or permitting a date to be set is to be taken as including provision for that date to be changed or cancelled.

(8) The court may not extend the period within which an application for a section 89 order must be made.

Court officer's power to refer to the court

4

Where a step is to be taken by a court officer—

(a) the court officer may consult the court before taking that step;

(b) the step may be taken by the court instead of the court officer.

Court's power to make order of its own initiative

4

(1) Except where an enactment provides otherwise, the court may exercise its powers on an application or of its own initiative. (Part 18 sets out the procedure for making an application.)

(2) Subject to rule 29.17, where the court proposes to make an order of its own initiative—

(a) it may give any person likely to be affected by the order an opportunity to make representations; and

(b) where it does so it must specify the time by and the manner in which the representations must be made.

(3) Where the court proposes—

(a) to make an order of its own initiative; and

(b) to hold a hearing to decide whether to make the order,

it must give each party likely to be affected by the order at least 5 days' notice of the hearing.

(4) The court may make an order of its own initiative without hearing the parties or giving them an opportunity to make representations.

(5) Where the court has made an order under paragraph (4)—

(a) a party affected by the order may apply to have it set aside(GL), varied or stayed(GL); and

(b) the order must contain a statement of the right to make such an application.

(6) An application under paragraph (5)(a) must be made—

(a) within such period as may be specified by the court; or

(b) if the court does not specify a period, within 7 days beginning with the date on which the order was served on the party making the application.

(7) If the court of its own initiative strikes out a statement of case or dismisses an application (including an application for permission to appeal) and it considers that the application is totally without merit—

(a) the court's order must record that fact; and

(b) the court must at the same time consider whether it is appropriate to make a civil restraint order.

Power to strike out a statement of case

4

(1) Except in proceedings to which Parts 12 to 14 apply, the court may strike out(GL) a statement of case if it appears to the court—

(a) that the statement of case discloses no reasonable grounds for bringing or defending the application;

(b) that the statement of case is an abuse of the court's process or is otherwise likely to obstruct the just disposal of the proceedings;

(d) in relation to applications for matrimonial and civil partnership orders and answers to such applications, that the parties to the proceedings consent.

(1A) When the court is considering whether to exercise the power to strike out a statement of case, it must take into account any written evidence filed in relation to the application or answer.

(2) When the court strikes out a statement of case it may make any consequential order it considers appropriate.

(3) Where—

(a) the court has struck out an applicant's statement of case;

(b) the applicant has been ordered to pay costs to the respondent; and

(c) before paying those costs, the applicant starts another application against the same respondent, arising out of facts which are the same or substantially the same as those relating to the application in which the statement of case was struck out,

the court may, on the application of the respondent, stay(GL) that other application until the costs of the first application have been paid.

(4) Paragraph (1) does not limit any other power of the court to strike out (GL) a statement of case.

(5) If the court strikes out an applicant's statement of case and it considers that the application is totally without merit—

(a) the court's order must record that fact; and

(b) the court must at the same time consider whether it is appropriate to make a civil restraint order.

Sanctions have effect unless defaulting party obtains relief

4

(1) Where a party has failed to comply with a rule, practice direction or court order, any sanction for failure to comply imposed by the rule, practice direction or court order has effect unless the party in default applies for and obtains relief from the sanction. (Rule 4.6 sets out the circumstances which the court may consider on an application to grant relief from a sanction.)

(2) Where the sanction is the payment of costs, the party in default may only obtain relief by appealing against the order for costs.

(3) Where a rule, practice direction or court order—

(a) requires a party to do something within a specified time; and

(b) specifies the consequence of failure to comply,

the time for doing the act in question may not be extended by agreement between the parties.

Relief from sanctions

4

(1) On an application for relief from any sanction imposed for a failure to comply with any rule, practice direction or court order the court will consider all the circumstances including—

(a) the interests of the administration of justice;

(b) whether the application for relief has been made promptly;

(d) whether there is a good explanation for the failure;

(e) the extent to which the party in default has complied with other rules, practice directions, court orders and any relevant pre-action protocol(GL) ;

(f) whether the failure to comply was caused by the party or the party's legal representative;

(g) whether the hearing date or the likely hearing date can still be met if relief is granted;

(h) the effect which the failure to comply had on each party; and

(i) the effect which the granting of relief would have on each party or a child whose interest the court considers relevant.

(2) An application for relief must be supported by evidence.

General power of the court to rectify matters where there has been an error of procedure

4

Where there has been an error of procedure such as a failure to comply with a rule or practice direction—

(a) the error does not invalidate any step taken in the proceedings unless the court so orders; and

(b) the court may make an order to remedy the error.

Power of the court to make civil restraint orders

4

Practice Direction 4B sets out—

(a) the circumstances in which the court has the power to make a civil restraint order against a party to proceedings;

(b) the procedure where a party applies for a civil restraint order against another party; and

PART 5 — FORMS, START OF PROCEEDINGS AND COMMUNICATION WITH THE COURT

Forms

5

(1) Subject to rule 14.10(2) and(3), the forms referred to in a practice direction, shall be used in the cases to which they apply.

(2) A form may be varied by the court or a party if the variation is required by the circumstances of a particular case.

(3) A form must not be varied so as to leave out any information or guidance which the form gives to the recipient.

(4) Where these rules require a form to be sent by the court or by a party for another party to use, it must be sent without any variation except such as is required by the circumstances of the particular case.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Nothing in this rule requires a party to reveal any particulars referred to in rule 29.1(1) if notice of those particulars is given to the court in accordance with rule 29.1(2).

Documents to be attached to a form

5

Subject to any rule or practice direction, unless the court directs otherwise, a form must have attached to it any documents which, in the form, are—

(a) stated to be required; or

(b) referred to.

Proceedings are started by issue of application form

5

(1) Proceedings are started when a court officer issues an application at the request of the applicant.

(2) An application is issued on the date entered in the application form by the court officer.

(3) Where the application is made ... under Article 10 of the 2007 Hague Convention, the applicant is deemed to have requested the issue of the application by virtue of making the application for establishment or modification of a maintenance decision forwarded on his or her behalf by the Lord Chancellor.

[The Lord Chancellor is the Central Authority for England and Wales in relation to the 2007 Hague Convention...]

(Rule 29.7 requires an application form to be authenticated with the stamp of the court when it is issued)

PART 6 — SERVICE

CHAPTER 1 — SCOPE OF THIS PART AND INTERPRETATION

Part 6 rules about service apply generally

6

This Part applies to the service of documents, except where—

(a) another Part, any other enactment or a practice direction makes a different provision; or

(b) the court directs otherwise.

Interpretation

6

In this Part “solicitor” includes any person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the conduct of litigation (within the meaning of that Act).

CHAPTER 2 — SERVICE OF THE APPLICATION FOR A MATRIMONIAL ORDER OR CIVIL PARTNERSHIP ORDER IN THE JURISDICTION

Interpretation

6

In this Chapter, unless the context otherwise requires, a reference to an application—

(a) is a reference to an application for a matrimonial or civil partnership order; and

(b) includes an application by a respondent ....

(‘Jurisdiction’ is defined in rule 2.3.)

(Part 7 deals with applications in matrimonial or civil partnership proceedings.)

Methods of service

6

An application may be served by any of the following methods—

(a) personal service in accordance with rule 6.7;

(b) first class post, or other service which provides for delivery on the next business day, in accordance with Practice Direction 6A; ...

(d) email service in accordance with rule 6.7A.

(Rule 6.23A specifies how service is to be effected on a person where there are reasonable grounds to believe that person is residing in a refuge.)

Who is to serve the application

6

(1) Subject to the provisions of this rule, an application may be served by—

(a) a court officer; or

(b) a the applicant, if so requested by the applicant.

(2) A court officer will not serve the application if the party to be served is—

(a) a child or protected party; or

(b) out of the jurisdiction.

(3) An application must not be served personally by the applicant himself or herself. (Rule 6.14 deals with service of the application on children and protected parties.)

Every respondent to be served

6

The application must be served on the respondent.

Personal service

6

An application is served personally on a respondent by leaving it with that respondent.

Service of application by the court

6

(1) Where the application is to be served by a court officer, the applicant must give the court officer—

(a) the respondent’s usual email address (if known); and

(b) the respondent’s last known or usual postal address,

at which the respondent is to be served in accordance with rule 6.4.

(2) Subject to paragraph (3), a court officer will serve the application by email in accordance with rule 6.7A.

(3) Where—

(a) an email address for service on the respondent is not provided; or

(b) the applicant does not seek email service on the respondent,

a court officer will serve the application by first class post or other service which provides for delivery on the next business day.

(4) Where the court officer has sent to the applicant a notification of failure of service in accordance with rule 6.21 (postal service) or 6.21A (email service), the applicant may request the court officer to serve the document on the respondent at an alternative address.

(5) Where the court officer has served the respondent following a request in accordance with paragraph (4), the court will not try to serve the application again.

Service by the bailiff

6

(1) An applicant may request that an application be served by a bailiff delivering a copy of the application to the respondent personally.

(2) The request must be made in accordance with Practice Direction 6A.

(3) Where the bailiff is unable to serve the application, the applicant may apply to the court for an order under rule 6.19 (service by an alternative method or at an alternative place).

(Practice Direction 6A contains provision about when a request under this rule is appropriate.) (Rule 6.22 provides for notice of non-service by a bailiff.)

Where to serve the application – general provisions

6

(1) The application must be served within the jurisdiction except as provided for by Chapter 4 of this Part (service out of the jurisdiction).

(2) The applicant must include in the application—

(a) an email address (if this is known); and

(b) a postal address,

at which the respondent may be served.

(3) Paragraph (2) does not apply where an order made by the court under rule 6.19 (service by an alternative method or at an alternative place) specifies the place or method of service of the application.

Service of the application on a solicitor within the jurisdiction ...

6

(1) Where a solicitor acting for the respondent has notified the applicant in writing that the solicitor is instructed by the respondent to accept service of the application on behalf of the respondent at a business address within the jurisdiction, the application must be served at the business address of that solicitor.

(2) . . . . . . . . . . . . . . . . . . . .

(“Solicitor” has the extended meaning set out in rule 6.2 ....)

Service of the application where the respondent gives an address at which the respondent may be served

6

Subject to rule 6.13, the respondent may be served with the application at an email address in accordance with rule 6.7A or at a postal address within the jurisdiction which the respondent has given for the purpose of being served with the proceedings.

Service of the application where the respondent does not give an address at which the respondent may be served

6

(1) This rule applies where—

(a) rule 6.11 (service of application on solicitor); and

(b) rule 6.12 (respondent gives address at which respondent may be served),

do not apply and the applicant does not wish the application to be served personally under rule 6.7.

(2) Subject to paragraphs (3) to (5) the application must be served on the respondent—

(a) if the respondent’s usual email address is known, at that address in accordance with rule 6.7A; or

(b) if that usual email address is not known, or if the applicant does not seek email service on the respondent, at the respondent’s usual or last known postal address.

(3) Where the applicant has reason to believe that the respondent no longer resides at his usual or last known postal address, or no longer has access to the usual email address, the applicant must take reasonable steps to ascertain the current postal and email address of the respondent.

(4) Where, having taken the reasonable steps required by paragraph (3), the applicant—

(a) ascertains the respondent's current email and postal address, the application must be served in accordance with paragraph (2); or

(b) is unable to ascertain the respondent's current email and postal address, the applicant must consider whether there is—

(i) an alternative place where; or

(ii) an alternative method by which,

service may be effected.

(5) If, under paragraph (4)(b), there is such a place where or a method by which service could be effected, the applicant must make an application under rule 6.19.

Service of the application on children and protected parties

6

(1) Where the respondent is a child, the application form must be served on—

(a) one of the child's parents or guardians; or

(b) if there is no parent or guardian, an adult with whom the child resides or in whose care the child is.

(2) Where the respondent is a protected party, the application must be served on—

(a) one of the following persons with authority in relation to the protected party—

(i) the attorney under a registered enduring power of attorney;

(ii) the donee of a lasting power of attorney; or

(iii) the deputy appointed by the Court of Protection; or

(b) if there is no such person, an adult with whom the protected party resides or in whose care the protected party is.

(3) Any reference in this Chapter to a respondent or party to be served includes the person to be served with the application form on behalf of a child or protected party under paragraph (1) or (2).

(4) The court may make an order permitting an application form to be served on a child or protected party, or on a person other than the person specified in paragraph (1) or (2).

(5) An application for an order under paragraph (4) may be made without notice.

(6) The court may order that, although an application form has been sent or given to someone other than the person specified in paragraph (1) or (2), it is to be treated as if it had been properly served.

(7) Where a document is served in accordance with this rule—

(a) it must be endorsed with the notice set out in Practice Direction 6A; and

(b) the person commencing the proceedings must file a witness statement by the person on whom the application form was served stating whether—

(i) the contents of the application form; or

(ii) the purpose and intention of the application,

were communicated to the child or protected party and, if not, why not.

(8) Paragraph (7)(b) does not apply where the Official Solicitor is, as the case may be—

(a) the litigation friend of the protected party; or

(b) the litigation friend or children's guardian of the child.

Deemed service – receipt of acknowledgment of service

6

(1) Subject to paragraph (2), an application is deemed to be served if the acknowledgment of service, signed by the party served or the solicitor acting on that party's behalf, is returned to the court office.

(2) Where the signature on the acknowledgment of service purports to be that of the other party to the marriage or civil partnership, the applicant must prove that it is the signature of that party by—

(a) giving oral evidence to that effect at the hearing; or

(b) if the application is not disputed, confirming it to be so in the statement the applicant files under rule 7.9(4).

Deemed service by post or alternative service where no acknowledgment of service filed

6

(1) Subject to paragraph (2), if—

(a) an application has been served on a respondent by email in accordance with rule 6.7A or by post or other service which provides for delivery on the next business day;

(b) no acknowledgment of service has been returned to the court office; and

the court may direct that the application is deemed to be served.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proof of personal service where no acknowledgment of service filed

6

(1) This rule applies where—

(a) an application has been served on a respondent personally; and

(b) no acknowledgment of service has been returned to the court office.

(2) The person serving the application must file a certificate of service stating the date and time of personal service.

(Practice Direction 6A makes provision for a certificate of service by a bailiff.)

(3) If the respondent served was the other party to the marriage or civil partnership, the certificate of service must show the means by which the person serving the application knows the identity of the party served.

Proof of service by the court etc.

6

(1) Where a court officer serves an application by post, or other service which provides for delivery on the next business day, the court officer must note in the court records the date of—

(a) posting; or

(b) leaving with, delivering to or collection by the relevant service provider.

(1A) Where a court officer serves an application by email in accordance with rule 6.7A, the court officer must note in the court records the date and time of the email and the date on which the accompanying notice was posted.

(2) A record made in accordance with paragraph (1) is evidence of the facts stated in it.

(3) This rule does not affect the operation of section 31N of the 1984 Act. (Section 31N of the 1984 Act provides that where a summons or other process issued from the family court is served by an officer of a court, service may be proved by a certificate in a prescribed form.)

Service of the application by an alternative method or at an alternative place

6

(1) Where it appears to the court that there is a good reason to authorise service by a method or at a place not otherwise permitted by this Part, the court may direct that service is effected by an alternative method or at an alternative place.

(2) On an application under this rule, the court may direct that steps already taken to bring the application form to the attention of the respondent by an alternative method or at an alternative place is good service.

(3) A direction under this rule must specify—

(a) the method or place of service;

(b) the date on which the application form is deemed served; and

Power of the court to dispense with service of the application

6

(1) The court may dispense with service of the application where it is impracticable to serve the application by any method provided for by this Part.

(2) An application for an order to dispense with service may be made at any time and must be supported by evidence.

(3) The court may require the applicant to attend when it decides the application.

Notification of failure of service by the court

6

Where—

(a) the court serves the application by post or other service which provides for delivery on the next business day; and

(b) the application is returned to the court,

the court will send notification to the applicant that the application has been returned.

Notice of non-service by bailiff

6

Where—

(a) the bailiff is to serve an application; and

(b) the bailiff is unable to serve it on the respondent,

the court officer will send notification to the applicant.

CHAPTER 3 — SERVICE OF DOCUMENTS OTHER THAN AN APPLICATION FOR A MATRIMONIAL ORDER OR CIVIL PARTNERSHIP ORDER IN THE UNITED KINGDOM

Method of service

6

A document may be served by any of the following methods—

(a) personal service, in accordance with rule 6.25;

(b) first class post, document exchange or other service which provides for delivery on the next business day, in accordance with Practice Direction 6A;

(d) fax or e-mail in accordance with Practice Direction 6A.

(Rule 6.35 provides for the court to permit service by an alternative method or at an alternative place.)

Who is to serve

6

(1) A party to proceedings will serve a document which that party has prepared, or which the court has prepared or issued on behalf of that party, except where—

(a) a rule or practice direction provides that the court will serve the document; or

(b) the court directs otherwise.

(2) Where a court officer is to serve a document, it is for the court to decide which method of service is to be used.

(3) Where the court officer is to serve a document prepared by a party, that party must provide a copy for the court and for each party to be served.

Personal service

6

(1) Where required by another Part, any other enactment, a practice direction or a court order, a document must be served personally.

(2) In other cases, a document may be served personally except where the party to be served has given an address for service under rule 6.26(2)(a).

(3) A document is served personally on an individual by leaving it with that individual.

Address for service

6

(1) A party to proceedings must give an address at which that party may be served with documents relating to those proceedings.

(2) Subject to paragraph (4), a party's address for service must be—

(a) the business address ... within the United Kingdom ... of a solicitor acting for the party to be served; or

(b) where there is no solicitor acting for the party to be served, an address within the United Kingdom at which the party resides or carries on business.

(... )

(3) Where there is no solicitor acting for the party to be served and the party does not have an address within the United Kingdom at which that party resides or carries on business, the party must, subject to paragraph (4), give an address for service within the United Kingdom.

(4) A party who—

(a) has been served with an application for a matrimonial or civil partnership order outside the United Kingdom; and

(b) apart from acknowledging service of the application, does not take part in the proceedings,

need not give an address for service within the United Kingdom.

(5) Any document to be served in proceedings must be sent, or transmitted to, or left at, the party's address for service unless it is to be served personally or the court orders otherwise.

(6) Where, in accordance with Practice Direction 6A, a party indicates or is deemed to have indicated that they will accept service by fax, the fax number given by that party must be at the address for service.

(7) Where a party indicates in accordance with Practice Direction 6A, that they will accept service by e-mail, the e-mail address ... given by that party will be deemed to be ... the address for service.

(8) This rule does not apply where an order made by the court under rule 6.35 (service by an alternative method or at an alternative place) specifies where a document may be served.

Change of address for service

6

Where the address for service of a party changes, that party must give notice in writing of the change, as soon as it has taken place, to the court and every other party.

Service of an application form commencing proceedings on children and protected parties

6

(1) This rule applies to the service of an application form commencing proceedings other than an application for a matrimonial or civil partnership order.

(2) An application form commencing proceedings which would otherwise be served on a child or protected party must be served—

(a) where the respondent is a child, in accordance with rule 6.14(1); and

(b) where the respondent is a protected party, in accordance with rule 6.14(2).

Service of other documents on or by children and protected parties where a litigation friend has been or will be appointed

6

(1) This rule applies to—

(a) a protected party; or

(b) a child to whom the provisions of rule 16.5 and Chapter 5 of Part 16 apply (litigation friends).

(2) An application for an order appointing a litigation friend where a protected party or child has no litigation friend must be served in accordance with rule 15.8 or rule 16.13 as the case may be.

(3) Any other document which would otherwise be served on or by a child or protected party must be served on or by the litigation friend conducting the proceedings on behalf of the child or protected party.

Service on or by children where a children's guardian has been or will be appointed under rule 16.4

6

(1) This rule applies to a child to whom the provisions of rule 16.4 and Chapter 7 apply.

(2) An application for an order appointing a children's guardian where a child has no children's guardian must be served in accordance with rule 16.26.

(3) Any other document which would otherwise be served on or by a child must be served on or by the children's guardian conducting the proceedings on behalf of the child.

Service on or by children where a children's guardian has been or will be appointed under rule 16.4

6

(1) This rule applies where a children's guardian has been appointed for a child in accordance with rule 16.3.

(2) Any document which would otherwise be served on the child must be served on—

(a) the solicitor appointed by the court in accordance with section 41(3) of the 1989 Act; and

(b) the children's guardian.

(3) Any document which would otherwise be served by the child must be served by—

(a) the solicitor appointed by the court in accordance with section 41(3) of the 1989 Act or by the children's guardian; or

(b) if no solicitor has been appointed as mentioned in paragraph (a), the children's guardian.

Supplementary provisions relating to service on children and protected parties

6

(1) The court may direct that a document be served on a protected party or child or on some person other than a person upon whom it would be served under rules 6.28 to 6.31 above.

(2) The court may direct that, although a document has been sent or given to someone other than a person upon whom it should be served under rules 6.28 to 6.31 above, the document is to be treated as if it had been properly served.

(3) This rule and rules 6.28 to 6.31 do not apply where the court has made an order under rule 16.6 allowing a child to conduct proceedings without a children's guardian or litigation friend.

Supplementary provision relating to service on children

6

(1) This rule applies to proceedings to which Part 12 applies.

(2) Where a rule requires—

(a) a document to be served on a party;

(b) a party to be notified of any matter; or

in addition to the persons to be served in accordance with rules 6.28 to 6.32, the persons or bodies mentioned in paragraph (3) must be served, notified or supplied with a copy of a document, as applicable, unless the court directs otherwise.

(3) The persons or bodies referred to in paragraph (2) are—

(a) such of the following who are appointed in the proceedings—

(i) the children's guardian (if the children's guardian is not otherwise to be served);

(ii) the welfare officer;

(iii) the children and family reporter;

(iv) the officer of the Service, Welsh family proceedings officer or local authority officer acting under a duty referred to in rule 16.38; and

(b) a local authority preparing a report under section 14A(8) or (9) of the 1989 Act.

Deemed service

6

A document, other than an application for a matrimonial or civil partnership order, served in accordance with these rules or a practice direction is deemed to be served on the day shown in the following table—

Service by an alternative method or at an alternative place

6

Rule 6.19 applies to any document in proceedings as it applies to an application for a matrimonial or civil partnership order and reference to the respondent in that rule is modified accordingly.

Power to dispense with service

6

The court may dispense with the service of any document which is to be served in proceedings.

Certificate of service

6

(1) Where a rule, practice direction or court order requires a certificate of service, the certificate must state the details set out in the following table—

Method of service	Details to be certified
Personal service.	Date and time of personal service and method of identifying the person served.
First class post, document exchange or other service which provides for delivery on the next business day.	Date of posting, leaving with, delivering to or collection by the relevant service provider.
Delivery of document to or leaving it at a permitted place.	Date and time when the document was delivered to or left at the permitted place.
Fax.	Date and time of completion of transmission.
Other electronic method	Date and time of sending the email or other electronic transmission.
Alternative method or place permitted by court	As required by the court.

(2) An applicant who is required to file a certificate of service of an application form must do so at or before the earlier of—

(a) the first directions appointment in; or

(b) the hearing of,

the proceedings unless a rule or practice direction provides otherwise.

(Rule 17.2 requires a certificate of service to contain a statement of truth.)

Notification of outcome of service by the court

6

Where—

(a) a document to be served by a court officer is served by post or other service which provides for delivery on the next working day; and

(b) the document is returned to the court,

the court officer will send notification to the party who requested service that the document has been returned.

Notification of non-service by bailiff

6

Where—

(a) the bailiff is to serve a document; and

(b) the bailiff is unable to serve it,

the court officer must send notification to the party who requested service.

CHAPTER 4 — SERVICE OUT OF THE JURISDICTION

Scope and interpretation

6

(1) This Chapter contains rules about—

(a) service of application forms and other documents out of the jurisdiction; and

(b) the procedure for service.

(“Jurisdiction” is defined in rule 2.3.)

(2) In this Chapter—

“application form” includes an application notice;

“Commonwealth State” means a State listed in Schedule 3 to the British Nationality Act 1981 ; and

“the Hague Convention” means the Convention on the service abroad of judicial and extra-judicial documents in civil or commercial matters signed at the Hague on November 15, 1965.

Permission to serve not required

6

Any document to be served for the purposes of these rules may be served out of the jurisdiction without the permission of the court.

Period for acknowledging service or responding to application where application is served out of the jurisdiction

6

(1) This rule applies where, under these rules, a party is required to file—

(a) an acknowledgment of service; or

(b) an answer to an application,

and sets out the time period for doing so where the application is served out of the jurisdiction.

(2) Where the applicant serves an application on a respondent in—

(a) Scotland or Northern Ireland; or

(b) a ... Hague Convention country within Europe,

the period for filing an acknowledgment of service or an answer to an application is 21 days after service of the application.

(3) Where the applicant serves an application on a respondent in a Hague Convention country outside Europe, the period for filing an acknowledgment of service or an answer to an application is 31 days after service of the application.

(4) Where the applicant serves an application on a respondent in a country not referred to in paragraphs (2) and (3), the period for filing an acknowledgment of service or an answer to an application is set out in Practice Direction 6B.

Method of service – general provisions

6

(1) This rule contains general provisions about the method of service of an application for a matrimonial or civil partnership order, or other document, on a party out of the jurisdiction. Where service is to be effected on a party in Scotland or Northern Ireland

(2) Where a party serves an application form or other document on a party in Scotland or Northern Ireland, it must be served by a method permitted by Chapter 2 (and references to “jurisdiction” in that Chapter are modified accordingly) or Chapter 3 of this Part and rule 6.26(5) applies. Where service is to be effected on a respondent out of the United Kingdom

(3) Where the applicant wishes to serve an application form, or other document, on a respondent out of the United Kingdom, it may be served by any method—

(a) provided for by rule 6.45 (service through foreign governments, judicial authorities and British Consular authorities); or

(b) permitted by the law of the country in which it is to be served.

(4) Nothing in paragraph (3) or in any court order authorises or requires any person to do anything which is contrary to the law of the country where the application form, or other document, is to be served.

Service in accordance with the Service Regulation

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Service through foreign governments, judicial authorities and British Consular authorities

6

(1) Where the applicant wishes to serve an application form, or other document, on a respondent in any country which is a party to the Hague Convention, it may be served—

(a) through the authority designated under the Hague Convention in respect of that country; or

(b) if the law of that country permits—

(i) through the judicial authorities of that country; or

(ii) through a British Consular authority in that country.

(2) Where the applicant wishes to serve an application form, or other document, on a respondent in any country which is not a party to the Hague Convention, it may be served, if the law of that country so permits—

(a) through the government of that country, where that government is willing to serve it; or

(b) through a British Consular authority in that country.

(3) Where the applicant wishes to serve an application form, or other document, in—

(a) any Commonwealth State which is not a party to the Hague Convention;

(b) the Isle of Man or the Channel Islands; or

the methods of service permitted by paragraphs (1)(b) and (2) are not available and the applicant or the applicant's agent must effect service on a respondent in accordance with rule 6.43 unless Practice Direction 6B provides otherwise.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure where service is to be through foreign governments, judicial authorities and British Consular authorities

6

(1) This rule applies where the applicant wishes to serve an application form, or other document, under rule 6.45(1) or (2).

(2) Where this rule applies, the applicant must file—

(a) a request for service of the application form, or other document, by specifying one or more of the methods in rule 6.45(1) or (2);

(b) a copy of the application form or other document;

(d) any translation required under rule 6.47.

(3) When the applicant files the documents specified in paragraph (2), the court officer will—

(a) seal(GL), or otherwise authenticate with the stamp of the court, the copy of the application form or other document; and

(b) forward the documents to the Senior Master of the King’s Bench Division.

(4) The Senior Master will send documents forwarded under this rule—

(a) where the application form, or other document, is being served through the authority designated under the Hague Convention, to that authority; or

(b) in any other case, to the Foreign, Commonwealth and Development Office with a request that it arranges for the application form or other document to be served.

(5) An official certificate which—

(a) states that the method requested under paragraph (2)(a) has been performed and the date of such performance;

(b) states, where more than one method is requested under paragraph (2)(a), which method was used; and

(i) a British Consular authority in the country where the method requested under paragraph (2)(a) was performed;

(ii) the government or judicial authorities in that country; or

(iii) the authority designated in respect of that country under the Hague Convention,

is evidence of the facts stated in the certificate.

(6) A document purporting to be an official certificate under paragraph (5) is to be treated as such a certificate, unless it is proved not to be.

Translation of application form or other document

6

(1) Except where paragraphs (4) and (5) apply, every copy of the application form, or other document, filed under rule 6.45 (service through foreign governments, judicial authorities and British Consular authorities) must be accompanied by a translation of the application form or other document.

(2) The translation must be—

(a) in the official language of the country in which it is to be served; or

(b) if there is more than one official language of that country, in any official language which is appropriate to the place in the country where the application form or other document is to be served.

(3) Every translation filed under this rule must be accompanied by a statement by the person making it that it is a correct translation, and the statement must include that person's name, address and qualifications for making the translation.

(4) The applicant is not required to file a translation of the application form, or other document, filed under rule 6.45 where it is to be served in a country of which English is an official language.

(5) The applicant is not required to file a translation of the application form or other document filed under rule 6.45 where—

(a) the person on whom the document is to be served is able to read and understand English; and

(b) service of the document is to be effected directly on that person.

(...)

Undertaking to be responsible for expenses of the Foreign and Commonwealth Office

6

Every request for service filed under rule 6.46 (procedure where service is to be through foreign governments, judicial authorities etc.) must contain an undertaking by the person making the request—

(a) to be responsible for all expenses incurred by the Foreign, Commonwealth and Development Office or foreign judicial authority; and

(b) to pay those expenses to the Foreign, Commonwealth and Development Office or foreign judicial authority on being informed of the amount.

PART 7 — PROCEDURE FOR APPLICATIONS IN MATRIMONIAL AND CIVIL PARTNERSHIP PROCEEDINGS

CHAPTER 1 — APPLICATION AND INTERPRETATION

Application and interpretation

7.1

(1) The rules in this Part apply to matrimonial and civil partnership proceedings.

(2) This Part is subject to any provision made by or pursuant to Part 41 (proceeding by electronic means).

(3) In this Part—

“disputed case” means—nullity proceedings in which—an answer has been filed opposing the grant of an order on the application, and has not been struck out; orthe respondent has filed an application for a matrimonial or civil partnership order in accordance with rule 7.24 and neither party’s application has been disposed of; orrule 7.27(2) applies (in light of paragraph (1) of that rule), notice has been given of intention to rebut and that notice has not been withdrawn,and in which no matrimonial or civil partnership order has been made; andmatrimonial or civil partnership proceedings (excluding nullity proceedings) in which—an answer has been filed disputing—the validity or subsistence of the marriage or civil partnership; orthe jurisdiction of the court to entertain the proceedings,and has not been struck out; orthe respondent has filed an application for a matrimonial or civil partnership order in accordance with rule 7.12(1) and neither party’s application has been disposed of,and in which no matrimonial or civil partnership order has been made;

“nullity proceedings” means proceedings for a nullity order or nullity of marriage order; and

“standard case” means matrimonial proceedings or civil partnership proceedings other than a disputed case.

(4) In this Part—

(a) a reference to a conditional order is a reference to a matrimonial order or civil partnership order (other than a judicial separation order or separation order) which has not been made final; and

(b) a reference to a final order is a reference to a conditional order which has been made final.

District Registries

7.2

The parties to matrimonial proceedings or civil partnership proceedings are—

(a) the parties to the marriage or civil partnership concerned; and

(b) any other person who is to be a party in accordance with a provision of the rules in this Part.

Principal Registry

7.3

(1) Where the applicant is, or in the case of joint applications either or both of the applicants are, legally represented, the legal representative must, unless the court directs otherwise, complete and file with the application a statement in the form for this purpose referred to in Practice Direction 5A, certifying whether the legal representative has discussed with the applicant the possibility of a reconciliation and given the applicant the names and addresses of persons qualified to help effect a reconciliation.

(2) This rule applies to an application for—

(a) a divorce order made under section 1 of the 1973 Act;

(b) a judicial separation order made under section 17 of the 1973 Act;

(d) a separation order as mentioned in section 37(1)(d) of the 2004 Act.

References to respondents

7.4

(1) Subject to paragraph (2), a person may not make more than one application for a matrimonial or civil partnership order in respect of the same marriage or civil partnership unless—

(a) the first application has been dismissed or finally determined; or

(b) the court gives permission.

(2) Where a person—

(a) has, within one year of the date of the marriage or civil partnership, made an application for a judicial separation order or separation order; and

(b) then, after that one-year period has passed, wishes to apply for a divorce or a dissolution order,

that person does not need the court’s permission to make the application referred to in sub-paragraph (b).

CHAPTER 2 — RULES ABOUT STARTING PROCEEDINGS

Starting proceedings

7.5

(1) After an application for a matrimonial or civil partnership order has been issued by the court, a copy of it must be served on any respondent.

(Rule 6.5 provides for who is to serve an application for a matrimonial or civil partnership order; where the applicant serves the application, rule 6.6A and 6.41A provide a time limit of 28 days from the date of issue for taking the prescribed steps to serve the respondent , rule 6.23A specifies how service is to be effected on a person where there are reasonable grounds to believe that person is residing in a refuge.)

(2) When the application is served on a respondent it must be accompanied by—

(a) a form for acknowledging service; and

(b) a notice of proceedings.

(3) When the parties to the marriage or civil partnership have made a joint application for a matrimonial or civil partnership order (other than a nullity order) the court must send a copy of the notice of proceedings to both parties.

Statement of reconciliation

7.6

An application for a matrimonial or civil partnership order, made by one party to the marriage or civil partnership, may be withdrawn at any time before it has been served, by giving notice in writing to the court.

Limitation on applications in respect of same marriage or civil partnership

7.7

(1) The respondent must file an acknowledgment of service within 14 days beginning with the date on which the application for a matrimonial or civil partnership order was served.

(2) This rule is subject to rule 6.42 (which specifies how the period for filing an acknowledgment of service is calculated where the application is served out of the jurisdiction).

(3) The acknowledgment of service must—

(a) be signed by the respondent or the respondent’s legal representative;

(b) include the respondent’s address for service; and

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.