1.—(1) These Rules may be cited as the Family Procedure (Amendment) Rules 2022.
(2) These Rules extend to England and Wales.
(3) These Rules come into force on 1st April 2022, except as follows—
(a)rules 3, 6 to 27, 29 and the Schedule come into force on the day on which section 1 of the Divorce, Dissolution and Separation Act 2020(1) comes fully into force;
(b)rule 4 comes into force on the day on which section 65 of the Domestic Abuse Act 2021(2) comes into force;
(c)rule 5 comes into force on 3rd April 2022.
2. The Family Procedure Rules 2010(3) are amended in accordance with rules 3 to 28 of these Rules.
3. In rule 2.3 (interpretation)—
(a)in paragraph (1) in the definition of “matrimonial order”—
(i)in sub-paragraph (a) for “decree of divorce” substitute “divorce order”;
(ii)in sub-paragraph (b) for “decree of nullity” substitute “nullity of marriage order”; and
(iii)in sub-paragraph (c) for “decree of judicial separation” substitute “judicial separation order”; and
(b)in paragraph (2)(a) for “a petition”, in both places it occurs, substitute “an application”.
4. After rule 3A.12 (application for directions under this Part) insert—
3A.13. A practice direction may make provision in relation to the prohibition of cross-examination in person under Part 4B of the 1984 Act.”.
5. After rule 5.7 (communications with the court) insert—
5.8.—(1) A practice direction may make provision for the bulk scanning of documents that are to be filed with, or otherwise sent to, the court.
(2) The practice direction may modify or disapply any provision of these rules.”.
6. In rule 6.3 (interpretation)—
(a)at the end of paragraph (b) omit “as referred to in rule 7.4”; and
(b)after paragraph (b) insert—
“(‘Jurisdiction’ is defined in rule 2.3.)”.
7. In rule 6.4 (methods of service)—
(a)at the end of paragraph (b) omit “or”;
(b)in paragraph (c) after “document exchange” for “.” substitute “; or”; and
(c)after paragraph (c) insert—
“(d)email service in accordance with rule 6.7A.”.
8. In rule 6.5 (who is to serve the application)—
(a)in paragraph (1)—
(i)in sub-paragraph (a) for “the applicant” substitute “a court officer”; and
(ii)in sub-paragraph (b) for “court officer” substitute “the applicant”; and
(b)for paragraph (2) substitute—
“(2) A court officer will not serve the application if the party to be served is—
(a)a child or protected party; or
(b)out of the jurisdiction.”.
9. In rule 6.6 (every respondent to be served)—
(a)in the heading omit “Every”’; and
(b)for “every” substitute “the”.
10. After rule 6.6 insert—
6.6A. Where the applicant serves the application, the applicant must complete the step required by the following table in relation to the method of service chosen before 12.00 midnight on the day 28 days after the date of issue of the application.
| Method of service | Step required | |
|---|---|---|
| First class post, document exchange or other service which provides for delivery on the next business day | Posting, leaving with, delivering to or collection by the relevant service provider | |
| Personal service under rule 6.7, by someone other than the applicant personally | Leaving it with the person to be served | |
| Email service under rule 6.7A | Sending the application by e-mail and sending the notice required by rule 6.7A(2) by posting, leaving with, delivering to or collection by the relevant service provider | |
6.6B.—(1) The applicant may apply for an order extending the time for compliance with rule 6.6A.
(2) The general rule is that an application under paragraph (1) must be made—
(a)within the period for service specified by rule 6.6A; or
(b)where an order has been made under this rule, within the period specified by that order.
(3) Where an applicant asserts that they have a good reason for not making an application under paragraph (1) within a period specified in paragraph (2) an application under paragraph (1) may be made—
(a)after the period for service specified by rule 6.6A; or
(b)where an order has been made under this rule, after the period specified by that order.
(4) On an application under paragraph (1), the court must consider all the circumstances including whether—
(a)the court has failed to serve the application;
(b)the applicant has taken reasonable steps to comply with rule 6.6A; and
(c)the applicant has acted promptly.
(5) An application for an order extending the time for compliance with rule 6.6A—
(a)must be supported by evidence; and
(b)may be made without notice.
(6) Where an order is made without notice—
(a)a copy of the order; and
(b)a copy of the application for an order extending time together with any statement supporting it,
must be served on the respondent when the application for a matrimonial or civil partnership order is served.”.
11. After rule 6.7 (personal service) insert—
6.7A.—(1) Subject to paragraph (2), an application is served on a respondent by email by sending it to—
(a)the respondent’s usual email address; or
(b)the email address provided by the respondent in accordance with rule 6.12.
(2) Where an application is served by email, a notice confirming such service must be sent to the respondent’s postal address, by first class post or other service which provides for delivery on the next business day.”.
12. For rule 6.8 (service of application by the court) substitute—
6.8.—(1) Where the application is to be served by a court officer, the applicant must give the court officer—
(a)the respondent’s usual email address (if known); and
(b)the respondent’s last known or usual postal address,
at which the respondent is to be served in accordance with rule 6.4.
(2) Subject to paragraph (3), a court officer will serve the application by email in accordance with rule 6.7A.
(3) Where—
(a)an email address for service on the respondent is not provided; or
(b)the applicant does not seek email service on the respondent,
a court officer will serve the application by first class post or other service which provides for delivery on the next business day.
(4) Where the court officer has sent to the applicant a notification of failure of service in accordance with rule 6.21 (postal service) or 6.21A (email service), the applicant may request the court officer to serve the document on the respondent at an alternative address.
(5) Where the court officer has served the respondent following a request in accordance with paragraph (4), the court will not try to serve the application again.”.
13. In rule 6.10 (where to serve the application – general provisions) for paragraph (2) substitute—
“(2) The applicant must include in the application—
(a)an email address (if this is known); and
(b)a postal address,
at which the respondent may be served.”.
14. In rule 6.12 (service of the application where the respondent gives an address at which the respondent may be served) after “an” insert “email address in accordance with rule 6.7A or at a postal”.
15. In rule 6.13 (service of the application where the respondent does not give an address at which the respondent may be served)—
(a)for paragraph (2) substitute—
“(2) Subject to paragraphs (3) to (5) the application must be served on the respondent—
(a)if the respondent’s usual email address is known, at that address in accordance with rule 6.7A; or
(b)if that usual email address is not known, or if the applicant does not seek email service on the respondent, at the respondent’s usual or last known postal address.”;
(b)in paragraph (3)—
(i)after “known” insert “postal”;
(ii)after “address,” insert “or no longer has access to the usual email address,”;
(iii)after “current” insert “postal and email”; and
(c)in paragraph (4)—
(i)in sub-paragraph (a)—
(aa)after “current” insert “email and postal”;
(bb)for “at that address” substitute “in accordance with paragraph (2)”;
(ii)in sub-paragraph (b) after “current” insert “email and postal”.
16. In rule 6.15(2)(b) (deemed service – receipt of acknowledgment of service)—
(a)for “undefended” substitute “not disputed”; and
(b)for “7.19(4)” substitute “7.9(4)”.
17. In rule 6.16 (deemed service by post or alternative service where no acknowledgment of service filed)—
(a)in sub-paragraph (1)(a) after “by” insert “email in accordance with rule 6.7A or by”; and
(b)omit paragraph (2).
18. In rule 6.18 (proof of service by the court etc.) after paragraph (1) insert—
“(1A) Where a court officer serves an application by email in accordance with rule 6.7A, the court officer must note in the court records the date and time of the email and the date on which the accompanying notice was posted.”.
19. In rule 6.21 (notification of failure of service by the court) in the heading after “of”, in the second place it occurs, insert “postal”.
20. After rule 6.21 (notification of failure of service by the court) insert—
6.21A. Where –
(a)the court officer serves the application by email in accordance with rule 6.7A; and
(b)the court is notified that the email was undeliverable,
the court officer will send notification to the applicant that the application was undeliverable.”.
21. After rule 6.41 (permission to serve not required) insert—
6.41A.—(1) The applicant must complete the step required by the table in paragraph (2) or (3), as applicable, in relation to the method of service chosen before 12.00 midnight on the day 28 days after the date of issue of the application.
(2) Where service of an application for a matrimonial or civil partnership order is to be effected on a party in Scotland or Northern Ireland—
| Method of service | Step required |
|---|---|
| First class post, document exchange or other service which provides for delivery on the next business day | Posting, leaving with, delivering to or collection by the relevant service provider |
| Personal service under rule 6.7, by someone other than the applicant personally | Leaving it with the person to be served |
| Email service under rule 6.7A | Sending the application by e-mail and sending the notice required by rule 6.7A(2) by posting, leaving with, delivering to or collection by the relevant service provider |
(3) Where service of an application for a matrimonial or civil partnership order is to be effected on a respondent out of the United Kingdom—
| Method of service | Step required |
|---|---|
| Where service is to be effected by a method provided for by rule 6.45 | The steps required by rule 6.46(2) |
| Where service is to be effected by another method permitted by the law of the country in which it is to be served | Sending or delivering the application to, or leaving it with, the person to be served or taking such other such steps to effect service as are permitted by the law of the country in which it is to be served |
6.41B.—(1) The applicant may apply for an order extending the time for compliance with rule 6.41A.
(2) The general rule is that an application under paragraph (1) must be made—
(a)within the period for service specified by rule 6.41A; or
(b)where an order has been made under this rule, within the period specified by that order.
(3) Where an applicant asserts that they have a good reason for not making an application under paragraph (1) within the periods specified in paragraph (2) an application under paragraph (1) may be made—
(a)after the period for service specified by rule 6.41A; or
(b)where an order has been made under this rule, after the period specified by that order.
(4) On an application under paragraph (1), the court must consider all the circumstances including whether—
(a)the applicant has taken reasonable steps to comply with rule 6.41A; and
(b)the applicant has acted promptly.
(5) An application for an order extending the time for compliance with rule 6.41A—
(a)must be supported by evidence; and
(b)may be made without notice.”.
22. For Part 7 (Procedure for Applications in Matrimonial and Civil Partnership Proceedings) substitute Part 7 (Procedure for Applications in Matrimonial and Civil Partnership Proceedings) as set out in the Schedule to these Rules.
23. In rule 9.8 (application for periodical payments order at same rate as an order for maintenance pending suit) for “decree nisi”, in each place it occurs, substitute “conditional order”.
24. In rule 9.36 (duty of the court upon making a pension sharing order or a pension attachment order)—
(a)in paragraph (4)—
(i)in sub-paragraph (a)(i) for “decree of judicial separation” substitute “judicial separation order”;
(ii)in sub-paragraph (b)—
(aa)for “decree absolute” substitute “final order”;
(bb)for “7.31” substitute “7.19”;
(cc)for “7.32” substitute “7.20”; and
(iii)in sub-paragraph (c)—
(aa)for “7.31” substitute “7.19”;
(bb)for “7.32” substitute “7.20”; and
(b)in paragraph (5)(a)(ii)—
(i)for “decree absolute” substitute “final order”;
(ii)for “decree of judicial separation” substitute “judicial separation order”.
25. In rule 9.45 (duty of the court upon making a pension compensation sharing order or a pension compensation attachment order)—
(a)in paragraph (1)—
(i)in sub-paragraph (b)(i)—
(aa)for “decree absolute” substitute “final order”;
(bb)for “7.32” substitute “7.19”;
(cc)for “7.33” substitute “7.20”;
(ii)in sub-paragraph (b)(ii)—
(aa)for “7.32” substitute “7.19”;
(bb)for “7.33” substitute “7.20”; and
(iii)in sub-paragraph (c)(i) for “decree of judicial separation” substitute “judicial separation order”; and
(b)in paragraph (2)(a)(ii)—
(i)for “decree absolute” substitute “final order”; and
(ii)for “decree of judicial separation” substitute “judicial separation order”.
26. In rule 24.8(3) (conduct of examination) for “defended” substitute “disputed”.
27. In rule 25.6(e) (when to apply for the court’s permission)—
(a)for “defended” substitute “disputed”; and
(b)for “7.20” substitute “7.14”.
28.—(1) In rule 30.3(3)(a), after “was made” insert “or, if the hearing is adjourned to a later date, the hearing on that date”.
(2) In rule 30.4(2)(a), after “lower court” insert “at the hearing at which the decision to be appealed was made or, if the hearing is adjourned to a later date, the hearing on that date”.
(3) In rule 30.5(4)(a), after “lower court” insert “at the hearing at which the decision to be appealed was made or, if the hearing is adjourned to a later date, the hearing on that date”.
29. The amendments made by rules 3 and 6 to 27 do not apply to proceedings that were issued before these Rules come into force.
Poonam Bhari
Melanie Carew
His Honour Judge Godwin
Fiona James
Tony McGovern
Mr Justice Mostyn
Her Honour Judge Raeside
District Judge Suh
Rhys Taylor
Mrs Justice Theis
District Judge Williams
I allow these Rules
Tom Pursglove
Parliamentary Under Secretary of State
Ministry of Justice
12th January 2022