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:

  1. service of applications for matrimonial and civil partnership orders within the jurisdiction

  2. service of documents in family proceedings other than applications for matrimonial and civil partnership orders in the UK, and

  3. 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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High Court judgment demonstrates usefulness of section 423 of the Insolvency Act 1986 in Schedule 1 claims (Re P (A Child) (Financial Provision))

Family analysis: In this Schedule 1 case the mother received, for her son’s benefit: a housing fund of nearly £1m (the property to be held on trust); child maintenance (including ‘HECSA’/carer’s allowance) until completion of his first degree; and lump sums in respect of his capital needs and her own substantial liabilities (chiefly relating to her unpaid legal fees). The father (whose resources could be measured in the ‘tens of millions of pounds’) had sought to prejudice the mother’s claims via transferring his valuable shares to family members, who then transferred the same into a trust structure (settled under Czech law). A further onwards transfer was then made of the trust’s assets into a Liechtenstein foundation. Inferences were drawn by the court in respect of the level of the father’s wealth, and specifically as to the value of the transferred shares. Detailed findings were made against him in respect of the identified transactions, which had been the focus of the mother’s section 423 application. Although a section 423(2) order was not actually made, the application was adjourned pending the father’s compliance with the award, with security in the sum of £600,000 also ordered, alongside a continuation of the freezing orders made earlier in the proceedings. David Wilkinson, solicitor at Slater Heelis, considers the issues.

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