- Latest available (Revised)
- Original (As made)
The Family Procedure (Amendment) Rules 2022
You are here:
What Version
More Resources
Status:
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
Amendment of Part 6
This section has no associated Explanatory Memorandum
21. After rule 6.41 (permission to serve not required) insert—
“Time for serving an application for a matrimonial or civil partnership order out of the jurisdiction
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 |
Extension of time for serving the application for a matrimonial or civil partnership order
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.”.
Options/Help
Print Options
PrintThe Whole Instrument
PrintThis Section only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Memorandum
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as made version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.