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Brexit legislation tracker

This Practice Note tracks the progress of UK legislation introduced as part of the legislative project associated with the UK’s withdrawal from the

Decree absolute—divorce

Online divorceWhere a divorce is proceeding via the online service note that while rules relating to divorce proceedings are generally to be found in

Enforcement of financial orders

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in

Child Arrangements Programme—the procedure for section 8 applications

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in

Practice notes

Enforcing children orders (private law)

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

20th Oct

Practice notes

Procedure for an application for a non-molestation order

Procedure for an application for a non-molestation order—Covid-19In the exceptional circumstances of the coronavirus (COVID-19) pandemic guidance has...

16th Oct

COVID-19

Practice notes

Child arrangements orders—residence

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

26th Sep

Practice notes

Leave to remove—external relocation

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

26th Sep

Practice notes

General principles—spousal and civil partner periodical payments

The court’s power to order periodical payments is contained in section 23(1)(a) of the Matrimonial Causes Act 1973 (MCA 1973) and Schedule 5, Part 1,...

26th Sep

Practice notes

General principles of consent orders

This Practice Note sets out the procedural steps to be taken where the parties have reached agreement by consent within financial remedy proceedings,...

26th Sep

Practice notes

Eligibility to apply under TOLATA 1996

Cohabitants do not have the same rights to make property claims as married couples or civil partners, and disputes between cohabitants regarding their...

26th Sep

Practice notes

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

This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications, inter alia, for practitioners considering...

26th Sep

Practice notes

FPR 2010, Part 18 applications—procedure

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

26th Sep

COVID-19

Practice notes

Child arrangements orders—contact

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

26th Sep

Practice notes

The ground for divorce

Bar on petition for divorce within one year of marriageA petition for divorce cannot be presented to the court before the expiration of one year from...

26th Sep

Practice notes

Family law training materials

In addition to signposting on Key aspects of family law practice, the following common areas of family law are introduced in this Practice Note (in...

26th Sep

Practice notes

Issuing financial proceedings in Form A (standard procedure)

The Family Procedure (Amendment) Rules 2018, SI 2018/440, amended the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, primarily introducing new...

25th Sep

COVID-19

Practice notes

Child arrangements orders

Child arrangements orders Since 22 April 2014, when section 12 of the Children and Families Act 2014 (CFA 2014) came into effect, the...

25th Sep

Practice notes

Case law relating to TOLATA 1996 claims

This Practice Note provides guidance on case law in relation to claims under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996),...

25th Sep

Practice notes

Enforcing an order for sale

By virtue of section 24A of the Matrimonial Causes Act 1973 (MCA 1973) (and the Civil Partnership Act 2004 equivalent), the court can make an order...

Produced in partnership with David Salter, deputy High Court judge and Recorder 25th Sep

Most recent Service content

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...

26th Sep

Brexit

Practice notes

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

This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications, inter alia, for practitioners considering...

26th Sep

Practice notes

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

This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications, inter alia, for practitioners considering...

26th Sep

Practice notes

Service of documents in family proceedings outside the jurisdiction

This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. For guidance, see Practice Note: Brexit—service of documents in...

26th Sep

Practice notes

Service in financial proceedings

Service in family proceedingsPart 6 of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, sets out the main provisions regarding service of...

26th Sep

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,...

28th Sep

Q&As

Can a divorce petition be served outside the jurisdiction of England and Wales?

The rules governing service in family proceedings are contained in Part 6 of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 and the...

28th Sep

Q&As

Is there any guidance regarding sending correspondence by email to a lay person's work email address?

The Resolution Guide to good practice on correspondence (the guidance) contains some useful guidance regarding correspondence by email with a litigant...

28th Sep

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 Sep

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...

28th Sep

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,...

28th Sep

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 28th Sep

Q&As

If a petitioner wishes to commence divorce proceedings on the basis of the respondent's desertion but does not know where the respondent is and has no contact with their family or friends what steps should the petitioner take in relation to service of the petition?

The rules governing service of a divorce petition within the jurisdiction are contained in Part 6 of the Family Procedure Rules 2010 (FPR 2010), SI...

28th Sep

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 Sep

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 28th Sep

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 28th Sep

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 28th Sep

Q&As

Where a respondent to an application for a non-molestation or occupation order cannot be found, should an application have to be made to serve via an alternative method?

The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 10.3(1) provides that the applicant for a non-molestation or occupation order must serve a...

28th Sep

Q&As