Service

Practice notes

Service of documents in family proceedings outside the jurisdiction

Service of documents in family proceedings outside the jurisdictionIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit...

15th May

Practice notes

Service in financial proceedings

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

15th May

Practice notes

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

Service of applications for matrimonial and civil partnership orders within the jurisdictionThis Practice Note explains how to serve a divorce...

15th May

Practice notes

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

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

15th May

Practice notes

Brexit—service of documents in family proceedings

Brexit—service of documents in family proceedingsThis Practice Note sets out the implications as to service of court documents in relation to family...

Produced in partnership with David Salter, deputy High Court judge and Recorder 15th May

Brexit

Q&As

Can a divorce petition be served by sending it to a PO box address?

It is assumed that it is intended to serve the petition within the jurisdiction of England and Wales.The position regarding the service of a divorce...

4th May

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 13th Feb

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...

13th Feb

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 13th Feb

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,...

13th Feb

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 13th Feb

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...

13th Feb

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...

13th Feb

Q&As

How can a divorce petition be served on a respondent living in India?

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...

13th Feb

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,...

13th Feb

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 13th Feb

Q&As

If the whereabouts of the respondent to an application under section 8 of the Children Act 1989 are unknown what steps should the applicant take regarding service?

The rules in respect of private law proceedings relating to children are largely contained in Part 12 of the Family Procedure Rules 2010 (FPR 2010),...

13th Feb

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...

13th Feb

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 13th Feb

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...

13th Feb

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