The following Family guidance note provides comprehensive and up to date legal information covering:
This Practice Note considers the impact that the UK exiting the EU (commonly known as Brexit), will have on the service ofcourt documents in family proceedings within the EU. It considers the current position under Regulation (EC) 1393/2007 (the Service Regulation) and summarises the UK’s and EU’s respective positions and considers the likely potential outcomes, based on the information available. The Practice Note then considers potential issues which may arise when the UK exits the EU and potential regimes which may assist when seeking to serve documents in the EU.
For details ofthe current position as to EU law, the potential implications for family law ofthe UK exiting the EU, and resources available in relation to both Brexit generally and family law specifically see Practice Note: Brexit and family law.
The rules about the service ofapplication forms/notices and other documents in family proceedings out ofthe jurisdiction ofEngland and Wales, and the procedure for service, are contained in chapter 4 ofthe Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 6 (SI 2010/2955, 6.40–6.48). This is supplemented by FPR 2010, PD 6B.
The general rule is that where the applicant wishes to serve a document on a respondent out ofthe UK, it may be served by any method:FPR 2010, SI 2010/2955, 6.43(3)
provided for by:
FPR 2010, SI 2010/2955, 6.44—service in accordance with Regulation (EC) No 1393/2007 ofthe European Parliament and ofthe Council adopted on 13 November 2007 on the service in the Member States ofjudicial and extrajudicial documents in civil or commercial matters (service ofdocuments) (the Service Regulation),
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234