Procedural Guide This Procedural Guide explains the actions required for cases lodged with the court on or before 5 April 2022 for an uncontested divorce (a request for a matrimonial order) under the Matrimonial Causes Act 1973 (MCA 1973), where the divorce is progressing by non-electronic means, namely a paper-based process (on paper). It provides guidance on who may seek a divorce, irretrievable breakdown, the lodging and service of the divorce petition (Form D8), and the filing of an acknowledgement of service. It further sets out the evidence that must be supplied to establish the fact relied upon, the steps for seeking decree nisi and submitting the supporting statement, decree absolute, and the rules in relation to costs in divorce proceedings... The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) took effect on 6 April 2022. Matters issued by the court on or after 6 April 2022 are governed by DDSA 2020 and the procedural changes introduced by the amended Family Procedure Rules 2010 (FPR 2010), SI 2010/2955....

Procedural Guide This Procedural Guide explains the process to follow for an application to dissolve a civil partnership, in an undefended matter under the Civil Partnership Act 2004 (CPA 2004), for proceedings issued before 6 April 2022. It provides direction on: who can apply irretrievable breakdown service of the petition filing an acknowledgement of service It further outlines the evidence required to prove the relied-on fact, making an application for a conditional order of dissolution, obtaining the final dissolution order, and the approach to costs. The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) took effect on 6 April 2022. Proceedings issued by the court on or after 6 April 2022 are governed by DDSA 2020 and by procedural changes under the amended Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. For more information, see Practice Note: Introduction to the Divorce, Dissolution and Separation Act 2020. Proceedings issued by the court on or before 5 April 2022 will continue in...

The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) It took effect on 6 April 2022. Any divorce case issued by the court from that date falls under DDSA 2020 and the revised procedural regime in the amended Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. For more detail, refer to Practice Notes: Introduction to the Divorce, Dissolution and Separation Act 2020 and Commencing and filing an application for a divorce, dissolution or judicial separation order (post-DDSA 2020). This note sets out the position for proceedings started on or after 6 April 2022 by the court. Matters issued by the court on or before 5 April 2022 will continue in line with the pre-DDSA 2020 framework, regardless of whether they were lodged via the digital system or using paper forms. Those applications are unaffected by the commencement of DDSA 2020, or by the resulting procedural amendments. See also Practice Notes: Commencing divorce proceedings and drafting the petition (pre-DDSA 2020) and Filing the divorce petition and supporting documents (pre-DDSA 2020)....

The Pensions Minister, Torsten Bell, stated the government had acknowledged the report issued by the Parliamentary and Health Service Ombudsman in March 2024. It concluded that the Department for Work and Pensions did not adequately communicate statutory alterations to the women’s state pension age, leading to significant financial detriment for many people. His remarks came before MPs during a debate on a petition, signed by more than 159,000, urging Whitehall to ‘fairly compensate’ women who were impacted by the alteration to the change. However, the Pensions Minister added that the government does ‘not agree’ with the Ombudsman’s view of injustice, nor with the remedy proposed, which advised creating a compensation programme to address and rectify those historical shortcomings set out in the report itself...

In this issue: Relationship breakdown Financial provision Public children International jurisdiction International children Daily and weekly news alerts Updated content Useful information Relationship breakdown Imputing Parliament’s intention as to void or voidable divorce orders (Lord Chancellor v 79 Divorced Couples) In The Lord Chancellor v 79 Divorced Couples [2024] EWHC 3211 (Fam), the Lord Chancellor sought declarations, under section 55(1)(c) of the Family Law Act 1986 and the court’s inherent jurisdiction, across 79 divorce proceedings that the marriages had ended on the dates the final orders were made. The step was prompted by a fault in the online court portal which permitted applicants to issue for divorce a day earlier than the statute allows; section 3 of the Matrimonial Causes Act 1973 requires that no petition is filed until one full year has elapsed from the date of marriage. The High Court examined whether the final divorce orders were void or merely voidable. It concluded...

Lin v Gudmundsson concerned a husband adjudged bankrupt on a creditor’s petition. The wife sought to have the bankruptcy annulled, but the court declined. The decision matters for two principal reasons: it underlines that, for insolvency in this setting, the spotlight is on the bankrupt’s cashflow rather than on their assets it clarifies the distinct evidential burdens on creditor-initiated petitions and debtor-made applications Written by Steven Fennell, barrister at Exchange Chambers. Lin v Gudmundsson (a bankrupt) and others [2021] EWHC 820 (Ch), [2021] All ER (D) 29 (Apr) What are the practical implications of this case? Advisers assisting a spouse contesting the other’s bankruptcy must concentrate squarely on the bankrupt’s liquidity on the date of the order. Demonstrating that assets exceeded debts by a wide margin will not suffice. The issue is whether those assets were readily realisable so that the petition debt and all other liabilities could be discharged in full as at the petition date or within a very...

The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) took effect on 6 April 2022. Proceedings issued by the court on or after 6 April 2022 will be governed by the provisions of DDSA 2020 together with the related procedural alterations under the amended Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. For further information, see Practice Note: Introduction to the Divorce, Dissolution and Separation Act 2020 and Amended, supplemental and further applications in proceedings issued on or after 6 April 2022 (post-DDSA 2020). By contrast, proceedings issued by the court on or before 5 April 2022 will continue to progress under the pre‑DDSA 2020 law, whether they were lodged via the digital system or submitted using paper forms. Such applications will not be affected by DDSA 2020 coming into force, nor by the consequential alterations to procedure. This document sets out the position for proceedings issued prior to 6 April 2022. Legislative changes have been implemented as a consequence...

Practice Note This Practice Note sets out the paperwork that must be filed when commencing proceedings for a decree of nullity (that is, an application for a matrimonial order). It applies to relevant applications issued before 6 April 202. It also explains steps where the marriage certificate is unavailable. It highlights the core documents, including the notice of proceeding and the acknowledgement of service. From 6 April 2022, the Divorce, Dissolution and Separation Act 2020 (DDSA 2020) came into force. Although DDSA 2020 does not alter the substantive law on nullity proceedings, it brings consequential procedural changes under the amended Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, affecting both applications for nullity and nullity of marriage orders issued on or after 6 April 2022. The amendments chiefly concern terminology, refreshed forms, and provisions relating to service. These updates apply to applications issued on or after that date...

The general position of the bankruptcy and family courts The interaction between bankruptcy and divorce has been examined in numerous judgments across both the bankruptcy and family courts. Regrettably, it is not unusual for a bankruptcy to be underway while divorce proceedings continue, and parallel actions can give rise to disputes over the distribution of assets. The point at which a bankruptcy petition is presented, when contrasted with the time the family court issues a property adjustment order, is pivotal in determining how bankruptcy proceedings will affect the family case. For further reading on bankruptcy and divorce proceedings, see: Bankruptcy and family financial remedy proceedings—overview Practice Note: The impact of bankruptcy on divorce proceedings Practice Note: Can the court annul a bankruptcy order obtained in order to defeat the divorce proceedings?...

Divorce Dear [ insert client’s name ] I have received from the court your [ husband OR wife ]’s sealed acknowledgement of service (Form D10), and I enclose a copy for your records. This confirms that your [ husband OR wife ] does not contest the divorce, so it may continue on an undefended basis. I am therefore able to apply for decree nisi, which is the next step in the divorce process. The significance of decree nisi is that, once it is pronounced, the court can make orders in respect of financial matters ancillary to the divorce. Six weeks and a...

This document offers general guidance on the divorce procedure in relation to divorces begun before 6 April 2022. Your family lawyer will be able to provide advice tailored to your particular circumstances. How do I apply for a divorce? To begin a divorce application, you must have been married for a minimum period of one year from the date of the marriage. It does not matter where in the world the marriage took place, but you may only apply in England and Wales if either you or your spouse satisfy certain residence requirements or are domiciled here. If you are unsure about eligibility, speak to your family lawyer for clarification. The procedure is largely administrative in nature. In most situations, neither party is required to attend before a judge; the judge will almost always approve the divorce on the paperwork alone, based on the documents submitted. The process remains straightforward provided your spouse does not choose to defend the proceedings and ask the court to refuse the...

Dear [ insert respondent’s name ] Your [ wife OR husband ] ’s divorce application, seeking to bring your marriage to a close, has now been dealt with by the court...

Personal service of a divorce petition It is inferred that this Q&A concerns personal service of a divorce petition, given the mention of the ‘petitioner’. As a starting point, a divorce petition is commonly served on the respondent by first class post. That said, Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 6.4 permits service of a divorce petition by other means, namely: personal service pursuant to FPR 2010, SI 2010/2955, 6.7 alternative service providing delivery on the next business day under FPR 2010, PD 6A where FPR 2010, SI 2010/2955, 6.11 applies (the respondent has a solicitor acting and the applicant has written notice that the solicitor is instructed to accept service of the application), service via document exchange (DX) See Practice Note: Service of applications for matrimonial and civil partnership orders within the jurisdiction...

A pension sharing order A pension sharing order enables one party to obtain, in their own name and in their own right, benefits directly debited from the other party’s pension scheme, and secures a clean break between the parties regarding pensions. Sections 11 and 12 of the Welfare Reform and Pensions Act 1999 (WRPA 1999) state that pension rights under approved pension schemes do not vest in a trustee in bankruptcy, provided the bankruptcy petition was presented on or after 29 May 2000 under the legislation. Consequently, if the individual holding the pension to be shared is made bankrupt, the court’s authority to make a pension sharing order should remain unaffected in law...

Section 28(3) of the Matrimonial Causes Act 1973 (MCA 1973) places a near-complete prohibition on the court’s power to consider any application issued post-remarriage. That restriction is limited by the phrase ‘by reference to the grant or making of that [italics inserted] decree or order’. Yet, once a final order/decree absolute is made or granted in respect of (in this instance) the husband’s petition, there remains no continuing marriage to which the wife’s initial petition can thereafter be advanced or otherwise progressed by her...