Service

Practice notes

Service of documents in family proceedings other than applications for matrimonial and civil partnership orders in the United Kingdom

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

17th Jan

Practice notes

Service of applications for matrimonial and civil partnership orders within the jurisdiction

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

17th Jan

Practice notes

Service of documents in family proceedings outside the jurisdiction

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

17th Jan

Practice notes

Brexit—service of documents in family proceedings

This Practice Note sets out the implications as to service of court documents in relation to family proceedings as a result of Brexit and considers...

Produced in partnership with David Salter, deputy High Court judge and Recorder 11th Jan

Brexit

Q&As

Can a respondent be served with a divorce petition while in prison and can an application be made for deemed service?

Once an application for a matrimonial order has been issued by the court (for example, an application for a decree of divorce), a copy of the...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 8th Jan

Q&As

Where a respondent is currently being held in police custody, what is the process for serving a non-molestation order and occupation order application and notice of hearing on someone who is in prison?

A non-molestation order must be served on the respondent personally, regardless of whether it was obtained without notice or at an inter partes...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 8th Jan

Q&As

Does the court in England and Wales have jurisdiction in relation to divorce proceedings where the petitioner lives in England and the respondent lives in Spain? Is the petitioner responsible for service of the petition on the respondent in Spain and if so, what is the procedure?

In matters relating to a divorce which commenced after 1 March 2005 (the date when Brussels IIA bis came into effect), jurisdiction lies with the...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 8th Jan

Q&As

On making an application for deemed service of a divorce petition where the respondent has instructed a solicitor, is it sufficient to prove that the respondent’s solicitor has received the petition or will the court require proof that the respondent has received it?

Chapter 6 of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 governs service in respect of family proceedings, including divorce, subject to...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan

Q&As

In private law children proceedings under the Children Act 1989, where the whereabouts of the respondent is unknown to the applicant, can social services be ordered to serve the respondent?

An application for a child arrangements order under section 8 of the Children Act 1989 (ChA 1989) is made using Form C100. In the event that the...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 8th Jan

Q&As

Where documents in family proceedings are to be served on a party in an EU Member State (under the EU Service Regulation or otherwise), what is the procedure to be followed?

The rules about the service of application forms/notices and other documents in family proceedings outside of the jurisdiction of England and Wales,...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 8th Jan

Q&As

Can you rely on without prejudice correspondence as evidence of service of a divorce petition?

A divorce petition may be served by way of personal service in accordance with Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 6.7, or by...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 8th Jan

Q&As

If a respondent’s home address and place of work are unknown to the petitioner, is it possible for the respondent to be personally served when they attend a court appointment in relation to separate court proceedings?

It is assumed that this Q&A is asking about personal service of a divorce petition, given the reference to the ‘petitioner’. In the first instance, a...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 8th Jan

Practice notes

Service in financial proceedings

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

5th Jan

Q&As

What is the procedure to effect service of a divorce petition issued in England and Wales on a respondent living in the USA?

The rules about the service of application forms/notices and other documents in family proceedings outside of the jurisdiction of England and Wales,...

24th Dec

Q&As

Where personal service has been effected on a respondent, and a certificate of service completed, is there any requirement for the petitioner to make a separate application in addition to the application for decree nisi?

The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 6 contain the core provisions regarding service in family proceedings, although the...

29th Nov

Q&As

Where a respondent to an unreasonable behaviour petition has returned a signed acknowledgment of service, but has failed to indicate whether they intend to defend the proceedings, can an application be made for deemed service based on that original acknowledgment, or will service by a process server be required?

The rules governing service of a divorce petition within the jurisdiction are contained in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955,...

29th Nov

Q&As

Can service of a divorce petition be attempted both via the court bailiff and by a process server at the same time?

Part 6 of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 contains the core provisions regarding service in family proceedings, although note...

29th Nov

Q&As

What is the procedure for service of a divorce petition (issued in England) on a respondent in Singapore?

The rules as to the service of application forms/notices and other documents in family proceedings out of the jurisdiction of England and Wales, and...

28th Nov

Q&As

Where the home address of the respondent is unknown, and an inquiry agent has been unable to find them, is it permissible to serve a divorce petition on a respondent at work?

The rules governing service of a divorce petition within the jurisdiction are contained in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955,...

28th Nov

Q&As

In relation to service of the divorce petition on the respondent, if the petitioner has seen the respondent with the envelope containing the divorce papers but they are refusing to open the envelope, would this be sufficient proof of service?

The rules governing service of a divorce petition within the jurisdiction are contained in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955,...

28th Nov

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