The Family Procedure Rules 2010

[F1 CHAPTER 2 E+W RULES ABOUT STARTING PROCEEDINGS

Textual Amendments

F1 Pt. 7 substituted (6.4.2022) by The Family Procedure (Amendment) Rules 2022 (S.I. 2022/44), rule 1(3)(a), Sch. (with rule 29); S.I. 2022/283, reg. 2

Who the parties are E+W

7.2.   The parties to matrimonial proceedings or civil partnership proceedings are—

(a) the parties to the marriage or civil partnership concerned; and

(b) any other person who is to be a party in accordance with a provision of the rules in this Part.

Statement of reconciliation E+W

7.3.— (1) Where the applicant is, or in the case of joint applications either or both of the applicants are, legally represented, the legal representative must, unless the court directs otherwise, complete and file with the application a statement in the form for this purpose referred to in Practice Direction 5A, certifying whether the legal representative has discussed with the applicant the possibility of a reconciliation and given the applicant the names and addresses of persons qualified to help effect a reconciliation.

(2) This rule applies to an application for—

(a) a divorce order made under section 1 of the 1973 Act;

(b) a judicial separation order made under section 17 of the 1973 Act;

(c) a dissolution order as mentioned in section 37(1)(a) of the 2004 Act; or

(d) a separation order as mentioned in section 37(1)(d) of the 2004 Act.

Limitation on applications in respect of same marriage or civil partnership E+W

7.4.— (1) Subject to paragraph (2), a person may not make more than one application for a matrimonial or civil partnership order in respect of the same marriage or civil partnership unless—

(a) the first application has been dismissed or finally determined; or

(b) the court gives permission.

(2) Where a person—

(a) has, within one year of the date of the marriage or civil partnership, made an application for a judicial separation order or separation order; and

(b) then, after that one-year period has passed, wishes to apply for a divorce or a dissolution order,

that person does not need the court’s permission to make the application referred to in sub-paragraph (b).

Service of application E+W

7.5.— (1) After an application for a matrimonial or civil partnership order has been issued by the court, a copy of it must be served on any respondent.

(Rule 6.5 provides for who is to serve an application for a matrimonial or civil partnership order; where the applicant serves the application, rule 6.6A and 6.41A provide a time limit of 28 days from the date of issue for taking the prescribed steps to serve the respondent.)

(2) When the application is served on a respondent it must be accompanied by—

(a) a form for acknowledging service; and

(b) a notice of proceedings.

(3) When the parties to the marriage or civil partnership have made a joint application for a matrimonial or civil partnership order (other than a nullity order) the court must send a copy of the notice of proceedings to both parties.

Withdrawal of application before service E+W

7.6.   An application for a matrimonial or civil partnership order, made by one party to the marriage or civil partnership, may be withdrawn at any time before it has been served, by giving notice in writing to the court.

What the respondent must do on receiving the application E+W

7.7.— (1) The respondent must file an acknowledgment of service within 14 days beginning with the date on which the application for a matrimonial or civil partnership order was served.

(2) This rule is subject to rule 6.42 (which specifies how the period for filing an acknowledgment of service is calculated where the application is served out of the jurisdiction).

(3) The acknowledgment of service must—

(a) be signed by the respondent or the respondent’s legal representative;

(b) include the respondent’s address for service; and

(c) indicate whether or not the respondent intends to dispute the proceedings.

(4) Where a notice of proceedings is sent to joint applicants under rule 7.5(3) each joint applicant must acknowledge receipt of the notice of proceedings within 14 days of receipt of such notice.

(5) A respondent who wishes to dispute proceedings must file and serve an answer within 21 days beginning with the date by which the acknowledgment of service is required to be filed.

(6) A respondent may file an answer even if the intention to do so was not indicated in the acknowledgment of service.]