The Family Procedure (Amendment) Rules 2022

Made: 12th January 2022

Laid before Parliament: 17th January 2022

Coming into force in accordance with rule 1

The Family Procedure Rule Committee makes the following Rules in exercise of the powers conferred by sections 75 and 76(8) of the Courts Act 2003[^f00001], section 1(10) of the Matrimonial Causes Act 1973[^f00002] and section 44(6) of the Civil Partnership Act 2004[^f00003], having fulfilled the requirements of section 79(1) of the Courts Act 2003:

Citation, extent and commencement

1

• (1) These Rules may be cited as the Family Procedure (Amendment) Rules 2022.

• (2) These Rules extend to England and Wales.

• (3) These Rules come into force on 1st April 2022, except as follows—

• (a) rules 3, 6 to 27, 29 and the Schedule come into force on the day on which section 1 of the Divorce, Dissolution and Separation Act 2020[^f00004] comes fully into force;

• (b) rule 4 comes into force on the day on which section 65 of the Domestic Abuse Act 2021[^f00005] comes into force;

• (c) rule 5 comes into force on 3rd April 2022.

Amendment of the Family Procedure Rules 2010

2

The Family Procedure Rules 2010[^f00006] are amended in accordance with rules 3 to 28 of these Rules.

Amendment of rule 2.3

3

In rule 2.3 (interpretation)—

• (a) in paragraph (1) in the definition of “matrimonial order”—

• (i) in sub-paragraph (a) for “decree of divorce” substitute “divorce order”;

• (ii) in sub-paragraph (b) for “decree of nullity” substitute “nullity of marriage order”; and

• (iii) in sub-paragraph (c) for “decree of judicial separation” substitute “judicial separation order”; and

• (b) in paragraph (2)(a) for “a petition”, in both places it occurs, substitute “an application”.

Amendment of Part 3A

4

After rule 3A.12 (application for directions under this Part) insert—

(3A.13) A practice direction may make provision in relation to the prohibition of cross-examination in person under Part 4B of the 1984 Act.

Amendment of Part 5

5

After rule 5.7 (communications with the court) insert—

(5.8) (1) A practice direction may make provision for the bulk scanning of documents that are to be filed with, or otherwise sent to, the court. (2) The practice direction may modify or disapply any provision of these rules.

Amendment of Part 6

6

In rule 6.3 (interpretation)—

• (a) at the end of paragraph (b) omit “as referred to in rule 7.4”; and

• (b) after paragraph (b) insert—

(‘Jurisdiction’ is defined in rule 2.3.)

7

In rule 6.4 (methods of service)—

• (a) at the end of paragraph (b) omit “or”;

• (b) in paragraph (c) after “document exchange” for “.” substitute “; or”; and

• (c) after paragraph (c) insert—

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

8

In rule 6.5 (who is to serve the application)—

• (a) in paragraph (1)—

• (i) in sub-paragraph (a) for “the applicant” substitute “a court officer”; and

• (ii) in sub-paragraph (b) for “court officer” substitute “the applicant”; and

• (b) for paragraph (2) substitute—

(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.

9

In rule 6.6 (every respondent to be served)—

• (a) in the heading omit “Every”’; and

• (b) for “every” substitute “the”.

10

After rule 6.6 insert—

(6.6A) Where the applicant serves the application, the applicant must complete the step required by the following table in relation to the method of service chosen before 12.00 midnight on the day 28 days after the date of issue of the application.

Method of service	Step required	Step required
First class post, document exchange or other service which provides for delivery on the next business day	First class post, document exchange or other service which provides for delivery on the next business day	Posting, leaving with, delivering to or collection by the relevant service provider
Personal service under rule 6.7, by someone other than the applicant personally	Personal service under rule 6.7, by someone other than the applicant personally	Leaving it with the person to be served
Email service under rule 6.7A	Email service under rule 6.7A	Sending the application by e-mail and sending the notice required by rule 6.7A(2) by posting, leaving with, delivering to or collection by the relevant service provider

(6.6B) (1) The applicant may apply for an order extending the time for compliance with rule 6.6A. (2) The general rule is that an application under paragraph (1) must be made— (a) within the period for service specified by rule 6.6A; or (b) where an order has been made under this rule, within the period specified by that order. (3) Where an applicant asserts that they have a good reason for not making an application under paragraph (1) within a period specified in paragraph (2) an application under paragraph (1) may be made— (a) after the period for service specified by rule 6.6A; or (b) where an order has been made under this rule, after the period specified by that order. (4) On an application under paragraph (1), the court must consider all the circumstances including whether— (a) the court has failed to serve the application; (b) the applicant has taken reasonable steps to comply with rule 6.6A; and (c) the applicant has acted promptly. (5) An application for an order extending the time for compliance with rule 6.6A— (a) must be supported by evidence; and (b) may be made without notice. (6) Where an order is made without notice— (a) a copy of the order; and (b) a copy of the application for an order extending time together with any statement supporting it, must be served on the respondent when the application for a matrimonial or civil partnership order is served.

11

After rule 6.7 (personal service) insert—

(6.7A) (1) Subject to paragraph (2), an application is served on a respondent by email by sending it to— (a) the respondent’s usual email address; or (b) the email address provided by the respondent in accordance with rule 6.12. (2) Where an application is served by email, a notice confirming such service must be sent to the respondent’s postal address, by first class post or other service which provides for delivery on the next business day.

12

For rule 6.8 (service of application by the court) substitute—

(6.8) (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.

13

In rule 6.10 (where to serve the application – general provisions) for paragraph (2) substitute—

(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.

14

In rule 6.12 (service of the application where the respondent gives an address at which the respondent may be served) after “an” insert “email address in accordance with rule 6.7A or at a postal”.

15

In rule 6.13 (service of the application where the respondent does not give an address at which the respondent may be served)—

• (a) for paragraph (2) substitute—

(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.

• (b) in paragraph (3)—

• (i) after “known” insert “postal”;

• (ii) after “address,” insert “or no longer has access to the usual email address,”;

• (iii) after “current” insert “postal and email”; and

• (c) in paragraph (4)—

• (i) in sub-paragraph (a)—

• (aa) after “current” insert “email and postal”;

• (bb) for “at that address” substitute “in accordance with paragraph (2)”;

• (ii) in sub-paragraph (b) after “current” insert “email and postal”.

16

In rule 6.15(2)(b) (deemed service – receipt of acknowledgment of service)—

• (a) for “undefended” substitute “not disputed”; and

• (b) for “7.19(4)” substitute “7.9(4)”.

17

In rule 6.16 (deemed service by post or alternative service where no acknowledgment of service filed)—

• (a) in sub-paragraph (1)(a) after “by” insert “email in accordance with rule 6.7A or by”; and

• (b) omit paragraph (2).

18

In rule 6.18 (proof of service by the court etc.) after paragraph (1) insert—

(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.

19

In rule 6.21 (notification of failure of service by the court) in the heading after “of”, in the second place it occurs, insert “postal”.

20

After rule 6.21 (notification of failure of service by the court) insert—

(6.21A) Where – (a) the court officer serves the application by email in accordance with rule 6.7A; and (b) the court is notified that the email was undeliverable, the court officer will send notification to the applicant that the application was undeliverable.

21

After rule 6.41 (permission to serve not required) insert—

(6.41A) (1) The applicant must complete the step required by the table in paragraph (2) or (3), as applicable, in relation to the method of service chosen before 12.00 midnight on the day 28 days after the date of issue of the application. (2) Where service of an application for a matrimonial or civil partnership order is to be effected on a party in Scotland or Northern Ireland—

Method of service	Step required
First class post, document exchange or other service which provides for delivery on the next business day	Posting, leaving with, delivering to or collection by the relevant service provider
Personal service under rule 6.7, by someone other than the applicant personally	Leaving it with the person to be served
Email service under rule 6.7A	Sending the application by e-mail and sending the notice required by rule 6.7A(2) by posting, leaving with, delivering to or collection by the relevant service provider

(3) Where service of an application for a matrimonial or civil partnership order is to be effected on a respondent out of the United Kingdom—

Method of service	Step required
Where service is to be effected by a method provided for by rule 6.45	The steps required by rule 6.46(2)
Where service is to be effected by another method permitted by the law of the country in which it is to be served	Sending or delivering the application to, or leaving it with, the person to be served or taking such other such steps to effect service as are permitted by the law of the country in which it is to be served

(6.41B) (1) The applicant may apply for an order extending the time for compliance with rule 6.41A. (2) The general rule is that an application under paragraph (1) must be made— (a) within the period for service specified by rule 6.41A; or (b) where an order has been made under this rule, within the period specified by that order. (3) Where an applicant asserts that they have a good reason for not making an application under paragraph (1) within the periods specified in paragraph (2) an application under paragraph (1) may be made— (a) after the period for service specified by rule 6.41A; or (b) where an order has been made under this rule, after the period specified by that order. (4) On an application under paragraph (1), the court must consider all the circumstances including whether— (a) the applicant has taken reasonable steps to comply with rule 6.41A; and (b) the applicant has acted promptly. (5) An application for an order extending the time for compliance with rule 6.41A— (a) must be supported by evidence; and (b) may be made without notice.

Substitution of Part 7

22

For Part 7 (Procedure for Applications in Matrimonial and Civil Partnership Proceedings) substitute Part 7 (Procedure for Applications in Matrimonial and Civil Partnership Proceedings) as set out in the Schedule to these Rules.

Amendment of Part 9

23

In rule 9.8 (application for periodical payments order at same rate as an order for maintenance pending suit) for “decree nisi”, in each place it occurs, substitute “conditional order”.

24

In rule 9.36 (duty of the court upon making a pension sharing order or a pension attachment order)—

• (a) in paragraph (4)—

• (i) in sub-paragraph (a)(i) for “decree of judicial separation” substitute “judicial separation order”;

• (ii) in sub-paragraph (b)—

• (aa) for “decree absolute” substitute “final order”;

• (bb) for “7.31” substitute “7.19”;

• (cc) for “7.32” substitute “7.20”; and

• (iii) in sub-paragraph (c)—

• (aa) for “7.31” substitute “7.19”;

• (bb) for “7.32” substitute “7.20”; and

• (b) in paragraph (5)(a)(ii)—

• (i) for “decree absolute” substitute “final order”;

• (ii) for “decree of judicial separation” substitute “judicial separation order”.

25

In rule 9.45 (duty of the court upon making a pension compensation sharing order or a pension compensation attachment order)—

• (a) in paragraph (1)—

• (i) in sub-paragraph (b)(i)—

• (aa) for “decree absolute” substitute “final order”;

• (bb) for “7.32” substitute “7.19”;

• (cc) for “7.33” substitute “7.20”;

• (ii) in sub-paragraph (b)(ii)—

• (aa) for “7.32” substitute “7.19”;

• (bb) for “7.33” substitute “7.20”; and

• (iii) in sub-paragraph (c)(i) for “decree of judicial separation” substitute “judicial separation order”; and

• (b) in paragraph (2)(a)(ii)—

• (i) for “decree absolute” substitute “final order”; and

• (ii) for “decree of judicial separation” substitute “judicial separation order”.

Amendment of rule 24.8

26

In rule 24.8(3) (conduct of examination) for “defended” substitute “disputed”.

Amendment of rule 25.6

27

In rule 25.6(e) (when to apply for the court’s permission)—

• (a) for “defended” substitute “disputed”; and

• (b) for “7.20” substitute “7.14”.

Amendment of Part 30

28

• (1) In rule 30.3(3)(a), after “was made” insert “or, if the hearing is adjourned to a later date, the hearing on that date”.

• (2) In rule 30.4(2)(a), after “lower court” insert “at the hearing at which the decision to be appealed was made or, if the hearing is adjourned to a later date, the hearing on that date”.

• (3) In rule 30.5(4)(a), after “lower court” insert “at the hearing at which the decision to be appealed was made or, if the hearing is adjourned to a later date, the hearing on that date”.

Transitional provision

29

The amendments made by rules 3 and 6 to 27 do not apply to proceedings that were issued before these Rules come into force.

SCHEDULE

Signed

Poonam Bhari — Melanie Carew — His Honour Judge Godwin — Fiona James — Tony McGovern — Mr Justice Mostyn — Her Honour Judge Raeside — District Judge Suh — Rhys Taylor — Mrs Justice Theis — District Judge Williams

I allow these Rules

Tom Pursglove — Parliamentary Under Secretary of State — Ministry of Justice — 12th January 2022

Explanatory note

(This note is not part of the Rules)

EXPLANATORY NOTE

These Rules amend the Family Procedure Rules 2010 (“the FPR”) (S.I. 2010/2955) to give procedural effect to the revised legislative framework brought about by the Divorce, Dissolution and Separation Act 2020 (“DDSA 2020”).

Rules 3, 23, 24 and 25 reflect changes to language made by the DDSA 2020. Associated and consequential amendments from the insertion of the new Part 7 into the FPR are also made by rules 24, 25, 26 and 27.

Rule 4 inserts a new rule 3A.13 into the FPR which enables a practice direction to make provision about the prohibition of cross-examination in person under Part 4B of the 1984 Act.

Rule 5 inserts a new rule 5.8 into the FPR which enables provision to be made in a practice direction in relation to the bulk scanning of documents that are to be sent to the court.

Rules 6 to 20 amend Part 6 of the FPR in respect of service of the application for a matrimonial or civil partnership order within the jurisdiction. Rule 8 amends rule 6.5 of the FPR concerning who can serve, and be served with, an application. Rule 10 inserts a new rule 6.6A into the FPR to deal with the time for serving an application by the applicant and a new rule 6.6B into the FPR to deal with applications for an extension of time to serve the application. Rule 11 inserts a new rule 6.7A into the FPR to enable email service of the application on the respondent. Rule 17(b) omits rule 6.16(2) of the FPR to reflect the removal of the need for the applicant to satisfy the court of “conduct” or “separation” facts in order to establish irretrievable breakdown of the marriage or civil partnership. Rules 6 to 19 also make amendments to Part 6 of the FPR which are consequential on the insertions made to Part 6 and the insertion of a new Part 7 to the FPR. Rule 20 inserts a new rule 6.21A into the FPR to deal with situations where the court fails to serve the applicant the application by email.

Rule 21 inserts a new rule 6.41A into the FPR to deal with the time for serving an application for a matrimonial or civil partnership order outside the jurisdiction and a new rule 6.41B into the FPR to deal with applications for an extension of time to serve the application outside the jurisdiction.

Rule 22 substitutes for Part 7 of the FPR a new Part 7 to reflect the statutory changes made by the DDSA 2020. The new Part 7 FPR prescribes procedures to be followed, depending on the type of proceedings, including proceedings where a joint application is made. Part 7 FPR also deals with the listing of case management hearings in disputed cases and reflects changes to language made by the DDSA 2020.

Rule 28 amends rules 30.3, 30.4 and 30.5 to make it clear that an application to the lower court for permission to appeal may be made not only at the hearing at which the decision to be appealed is made, but also, if that hearing is adjourned to a later date, at the hearing on that later date.

Rule 29 makes transitional provisions.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

Footnotes

[^f00001]: 2003 c. 39. Section 75 was amended by paragraphs 308 and 338 of Schedule 4 and Part 2 of Schedule 18 to the Constitutional Reform Act 2005 (c. 4) and by paragraphs 83 and 91 of Part 1 of Schedule 10 to the Crime and Courts Act 2013 (c. 22).

[^f00002]: 1973 c. 18. Section 1(10) was inserted by section 1 of the Divorce, Dissolution and Separation Act 2020 (c. 11).

[^f00003]: 2004 c. 33. Section 44(6) was inserted by section 3(1) and (7) of the Divorce, Dissolution and Separation Act 2020.

[^f00004]: 2020 c. 11.

[^f00005]: 2021 c. 17.

[^f00006]: S.I. 2010/2955. Relevant amendments were made by S.I. 2012/679, 2013/3204, 2014/843 and 3296, 2015/913 and 2020/135.

[^f00007]: The Matrimonial Causes Act 1973 (c. 18), as defined in rule 2.3(1) of the FPR. Section 1 has been amended by section 1 of the Divorce, Dissolution and Separation Act 2020.

[^f00008]: Section 17(2) was amended by section 17(4) of the Children and Families Act 2014 (c. 6). Section 17 has been amended by section 2 of the Divorce, Dissolution and Separation Act 2020.

[^f00009]: The Civil Partnership Act 2004 (c. 33), as defined in rule 2.3(1) of the FPR.

[^f00010]: Section 8 has been amended by paragraphs 1 and 8 of Part 1 of the Schedule to the Divorce, Dissolution and Separation Act 2020. Section 9 has been amended by paragraphs 1 and 9 of Part 1 of the Schedule to the Divorce, Dissolution and Separation Act 2020.

[^f00011]: Section 40 has been amended by paragraphs 34 and 35 of Part 2 of the Schedule to the Divorce, Dissolution and Separation Act 2020.

[^f00012]: Sections 10(2) and (4) have been amended by paragraphs 1 and 10(c) and (d) of Part 1 of the Schedule to the Divorce, Dissolution and Separation Act 2020.

[^f00013]: Section 48 has been amended by paragraphs 34 and 41 of Part 2 of the Schedule to the Divorce, Dissolution and Separation Act 2020.

[^f00014]: Section 10A(2) was inserted by section 1 of the Divorce (Religious Marriages) Act 2002 (c. 27) and has been amended by paragraphs 1 and 11(c) of Part 1 of the Schedule to the Divorce, Dissolution and Separation Act 2020.

[^f00015]: Section 12(1)(g) was inserted by paragraphs 1 and 2 of Part 1 of Schedule 2 to the Gender Recognition Act 2004 (c. 7). Paragraph 11(1)(e) of Part 1 of Schedule 1 was inserted by paragraphs 1 and 4(2) of Part 1 of Schedule 2 to the Gender Recognition Act 2004.

[^f00016]: Section 12A was inserted by S.I. 2014/3168.

[^f00017]: 2004 c. 7. Section 8(5) was amended by paragraphs 1 and 8(b) of Part 1 of Schedule 5 to the Marriage (Same Sex Couples Act) 2013 (c. 30) and section 250(1) and (5)(b) of the Civil Partnerships Act 2004 and paragraph 160 of Part 1 of Schedule 11 to the Crime and Courts Act 2013 (c. 22).

[^f00018]: Section 8(5A) was inserted by paragraphs 1 and 8(c) of Part 1 of Schedule 5 to the Marriage (Same Sex Couples Act) 2013 and amended by S.I. 2019/1458.

[^f00019]: Section 12(1)(h) was inserted by paragraphs 4 and 5 of Part 1 of Schedule 4 to the Gender Recognition Act 2004.

[^f00020]: 2013 c. 30.

[^f00021]: 1973 c. 45. Paragraph 9(1) of Schedule 1 was amended by S.I. 2019/519.

[^f00022]: Section 76(2A) was inserted by section 62(7) of the Children Act 2004 (c. 31). Section 76(1) was amended by paragraph 29 of Part 2 of Schedule 1 to the Constitution Reform Act 2005. Section 76(2)(a) and (aa) was amended by paragraphs 25 and 34(a) and (b) of Part 1 of the Schedule to the Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33). Section 76(2)(b) and (3) was been amended by paragraphs 83 and 92(1), (2)(b) and (3) of Part 2 of Schedule 10 to the Crime and Courts Act 2013.