The Family Procedure Rules 2010 No. 2955 (L. 17)

PART 6 E+W SERVICE

CHAPTER 2 E+W SERVICE OF THE APPLICATION FOR A MATRIMONIAL ORDER OR CIVIL PARTNERSHIP ORDER IN THE JURISDICTION

Deemed service by post or alternative service where no acknowledgment of service filed E+W

6.16.—(1) Subject to paragraph (2), if—

(a) an application has been served on a respondent by post or other service which provides for delivery on the next business day;

(b) no acknowledgment of service has been returned to the court office; and

(c) the court is satisfied that the respondent has received the application,

the [F1 court] may direct that the application is deemed to be served.

(2) Where—

(a) the application alleges 2 years' separation and the respondent consents to a matrimonial or civil partnership order being granted; and

(b) none of the other facts mentioned in section 1(2) of the 1973 Act M1 or section 44(5) of the 2004 Act, as the case may be, is alleged,

paragraph (1) applies only if—

(i) the court is satisfied that the respondent has received notice of the proceedings; and

(ii) the applicant produces a written statement, signed by the respondent, containing the respondent's consent to the grant of an order.

Textual Amendments

F1 Word in rule 6.16(1) substituted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 10 (with rule 137); S.I. 2014/954, art. 2

Marginal Citations

M1 Section 1(2) has been prospectively repealed by section 66(3) of and Schedule 10 to the Family Law Act 1996.