Service

Service

The rules relating to service are contained within Part 6 of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 and are divided into three main sections:

•
service of applications for matrimonial and civil partnership orders within the jurisdiction
•
service of documents in family proceedings other than applications for matrimonial and civil partnership orders in the UK, and
•
service of documents outside the jurisdiction

Service of applications for matrimonial and civil partnership orders issued on or after 6 April 2022

The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) is in force from 6 April 2022. DDSA 2020 made significant changes to the law and procedure with regard to proceedings for divorce, dissolution, (judicial) separation and nullity. The changes include, inter alia, the introduction of no-fault divorce, the ability for the first time for parties to make joint applications and in relation to divorce and dissolution proceedings, the introduction of a new 20-week period between the start of the proceedings (when the court issues the application) and when the applicant(s) may apply for a conditional order. For further details of the provisions

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Court not entitled to know whether offers made or indication given at private FDR (BC v BC)

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Non-disclosure and pre-nuptial agreement (Helliwell v Entwistle)

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Family weekly highlights—14 August 2025

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Cafcass guidance on conflicting assessments in public law cases

The Children and Family Court Advisory and Support Service (Cafcass) has published new guidance for local authorities and Cafcass for cases where the views of the children’s guardian (and therefore their independent advice to the court) and the assessment of a local authority social worker and/or the independent reviewing officer fundamentally differ on the final care plan or interim arrangements for a child. The guidance applies to all children in care and supervision order applications under section 31 of the Children Act 1989 and deprivation of liberty applications. The guidance sets out the process that should be followed at any point during proceedings where a divergence arises and should be completed before final recommendations are submitted to court. The guidance requires that a pre-final hearing meeting be convened to identify and document the points of difference for the court. It includes suggestions for structuring the pre-final hearing meeting, a template agenda and a template for sharing the agreed rationale with the court. The guidance is not intended to be used to agree a joint position, rather to make sure that recommendations to court include a clear explanation about why the children’s guardian, the local authority social worker and/or the independent reviewing officer have reached fundamentally different positions. The explanation must set out what the points of difference are so that the judge in the case can better understand these. It remains for the court to decide what is safe and in the best interests of the child.