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

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

  • Service of applications for matrimonial and civil partnership orders within the jurisdiction
  • Good practice in relation to service
  • Requirements
  • Documents to be served
  • Who serves the application
  • Where to serve the application
  • Service of the application where the respondent does not give an address for service—locating the respondent
  • Service through the court
  • Service through the applicant
  • Methods of service
  • More...

This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications, inter alia, for practitioners considering service on a European Lawyer in an EEA as currently provided for in Family Procedure Rules 2010, SI 2010/2955 Pt 6. For guidance, see Practice Note: Brexit—service of documents in family proceedings. This Practice Note sets out the current position on service.

The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Part 6 contain the core provisions regarding service in family proceedings, although note that specific provisions in any other Part of FPR 2010, other legislation or practice directions may overrule the general provisions, as can a direction of the court in a particular matter.

There are specific rules for the service of applications for matrimonial and civil partnership orders including applications by the respondent (divorce or dissolution petition), and these are set out in chapter 2 of FPR 2010, SI 2010/2955, Pt 6 (SI 2010/2955, 6.3–6.22).

Where the divorce is proceeding online FPR 2010, PD 41A will also apply. FPR 2010, PD 41A sets out the types of applications that may proceed by electronic means, the steps that may be taken by the parties and the relationship between FPR 2010, particularly FPR 2010, SI 2010/2955, Pt 7, FPR 2010, PD 7A and FPR 2010, SI 2010/2955, Pt 6, and the provisions of

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