Judicial separation (pre-DDSA 2020)

The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) came into effect from 6 April 2022. Proceedings issued by the court on or after 6 April 2022 will be subject to the provisions of DDSA 2020 and the changes to procedure under the amended Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. For further information, see Practice Note: Introduction to the Divorce, Dissolution and Separation Act 2020.

Proceedings issued by the court on or before 5 April 2022 will continue to progress under the pre-DDSA 2020 law. Such applications will not be impacted by the coming into force of DDSA 2020, nor the consequential changes to procedure. This document covers the position for proceedings for judicial separation issued prior to 6 April 2022.

Legislative changes have been made as a consequence of DDSA 2020, including to FPR 2010, Pt 7. To view a historic version of FPR 2010, Pt 7, and FPR 2010, Practice Direction 7A as applicable to proceedings issued prior to 6 April 2022, see below:

FPR 2010 introduced a change in the terminology in judicial separation

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

TAKE A FREE TRIAL

Latest Family News

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

Family analysis: The Court of Appeal allowed the husband’s appeal against the decision at first instance, which largely gave effect to a pre-nuptial agreement that made no financial provision for him, also making a lump sum of £400,000 to satisfy his assessed needs. The judgment demonstrates the approach to intentional non-disclosure in the context of a pre-nuptial agreement, synthesising the approach to non-disclosure adopted by the Supreme Court in Sharland v Sharland. Written by Katie Skinner, senior associate, chartered legal executive at Rayden Solicitors.

Family weekly highlights—14 August 2025

This week's edition of the Family weekly highlights includes details of the new Cafcass guidance on conflicting assessments in public law cases. The Court of Appeal’s decision on indemnity costs where there has been significant non-disclosure in negotiations for a pre-nuptial agreement is considered. Recent related judgments on the division of matrimonial assets where a sham trust is alleged and applications for the appointment of receivers are also considered. In addition, new content on applications under the Married Women’s Property Act 1882 has been added, including an overview, procedural guide and two Practice Notes.

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.

Family weekly highlights—7 August 2025

This week's edition of the Family weekly highlights includes details of the third Family Procedure Rules 2010 Practice Direction update of 2025 and the High Court of Justice summer 2025 vacation notice. Recent decisions from the Court of Appeal on jurisdiction for divorce proceedings, fact-finding hearings in public children cases, wardship proceedings and enforcement of child arrangement orders are set out. A new flowchart setting out when the express financial remedy procedure applies is also set out.