The Family Procedure (Amendment) Rules 2022
| Jurisdiction | UK Non-devolved |
| Citation | SI 2022/44 |
2022 No. 44 (L. 1)
FAMILY PROCEEDINGS SENIOR COURTS OF ENGLAND AND WALES FAMILY COURT, ENGLAND AND WALES
The Family Procedure (Amendment) Rules 2022
Made 12January 2022
Laid 17January 2022
Coming into force in accordance with rule 1
The Family Procedure Rule Committee makes the following Rules in exercise of the powers conferred by sections 75 and 76(8) of the Courts Act 2003(a), section 1(10) of the Matrimonial Causes Act 1973(b) and section 44(6) of the Civil Partnership Act 2004(c), having fulfilled the requirements of section 79(1) of the Courts Act 2003:
Citation, extent and commencement
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(d) comes fully into force;
(b) rule 4 comes into force on the day on which section 65 of the Domestic Abuse Act
2021(e) comes into force;
(c) rule 5 comes into force on 3rd April 2022.
Amendment of the Family Procedure Rules 2010
2. The Family Procedure Rules 2010(f) are amended in accordance with rules 3 to 28 of these
Rules.
(a) 2003 c. 39. Section 75 was amended by paragraphs 308 and 338 of Schedule 4 and Part 2 of Schedule 18 to the
Constitutional Reform Act 2005 (c. 4) and by paragraphs 83 and 91 of Part 1 of Schedule 10 to the Crime and Courts Act
(b) 1973 c. 18. Section 1(10) was inserted by section 1 of the Divorce, Dissolution and Separation Act 2020 (c. 11).
(c) 2004 c. 33. Section 44(6) was inserted by section 3(1) and (7) of the Divorce, Dissolution and Separation Act 2020.
(d) 2020 c. 11.
(e) 2021 c. 17.
(f) S.I. 2010/2955. Relevant amendments were made by S.I. 2012/679, 2013/3204, 2014/843 and 3296, 2015/913 and
2020/135.
Amendment of rule 2.3
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”.
Amendment of Part 3A
4. After rule 3A.12 (application for directions under this Part) insert—
“Prohibition of cross-examination in person under Part 4B of the 1984 Act
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.”.
Amendment of Part 5
5. After rule 5.7 (communications with the court) insert—
“Provision in relation to bulk scanning of documents
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.”.
Amendment of Part 6
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—
“Time for serving an application by the applicant
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
Extension of time for serving the application
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—
“Email service
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—
“Service of application by the court
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...
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