Commencing judicial separation proceedings and drafting the petition
Commencing judicial separation proceedings and drafting the petition

The following Family guidance note provides comprehensive and up to date legal information covering:

  • Commencing judicial separation proceedings and drafting the petition
  • The parties
  • Where to start proceedings
  • Jurisdiction
  • Previous petition on file
  • Names of parties
  • Omitting address
  • Contents of a petition

This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications for practitioners considering which courts have jurisdiction to determine a dispute. For guidance, see Practice Note: Brexit and family law. This Practice Note sets out the current position on jurisdiction in judicial separation proceedings.

Family proceedings are governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955.

The rules relating to judicial separation proceedings are to be found in FPR 2010, SI 2010/2955, Pt 7 and the supplemental PD 7A.

FPR 2010 introduced a change in the terminology in judicial separation proceedings. There are, however, some inconsistencies between the terminology used in the rules, which use the new terms, and those referred to in the forms which refer to old terms. Judicial separation proceedings are referred to as matrimonial proceedings.

Proceedings for judicial separation or a matrimonial order must be begun by an application for a matrimonial order, still referred to as a petition.

Note that with effect from 7 August 2017, the Family Procedure (Amendment No 2) Rules 2017, SI 2017/741 amended FPR 2010, SI 2010/2955, Pt 17, to require a statement of truth to be included in an application for a matrimonial or civil partnership order, or an answer to such an application (with transitional provisions). The new Form D8 must be used