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

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

  • Commencing judicial separation proceedings and drafting the petition
  • The parties
  • Third parties
  • Improper association
  • Persons who are a child or protected person
  • Where to start proceedings
  • Jurisdiction
  • Jurisdiction for judicial separation on or after 1 January 2021
  • Jurisdiction for judicial separation prior to 1 January 2021
  • Previous petition on file
  • More...

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.

The parties

The spouse filing the petition was formerly the petitioner, FPR 2010 refer to them as the applicant while the forms still refer to them as the petitioner. The party to the marriage against whom the petition is filed is the respondent. Even where a respondent submits an answer and their own petition, they will still be referred to as the respondent.

For applications for a matrimonial order FPR 2010, PD 7A, para 2.1 provides that where the application refers to adultery or to an improper association with another person, that third party should not be named unless the applicant believes that the respondent is likely to defend the proceedings.

Third parties

Subject to certain exceptions, where an application for

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