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PART 6E+WSERVICE

CHAPTER 2E+WSERVICE OF THE APPLICATION FOR A MATRIMONIAL ORDER OR CIVIL PARTNERSHIP ORDER IN THE JURISDICTION

InterpretationE+W

6.3.  In this Chapter, unless the context otherwise requires, a reference to an application—

(a)is a reference to an application for a matrimonial or civil partnership order; and

(b)includes an application by a respondent F1....

[F2(‘Jurisdiction’ is defined in rule 2.3.)]

(Part 7 deals with applications in matrimonial or civil partnership proceedings.)

Textual Amendments

Methods of serviceE+W

6.4.  An application may be served by any of the following methods—

(a)personal service in accordance with rule 6.7;

(b)first class post, or other service which provides for delivery on the next business day, in accordance with Practice Direction 6A; F3...

(c)where rule 6.11 applies, document exchange [F4; or]

[F5(d)email service in accordance with rule 6.7A.]

Textual Amendments

Who is to serve the applicationE+W

6.5.—(1) Subject to the provisions of this rule, an application may be served by—

(a)[F6a court officer]; or

(b)a [F7the applicant], if so requested by the applicant.

[F8(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.]

(3) An application must not be served personally by the applicant himself or herself. (Rule 6.14 deals with service of the application on children and protected parties.)

Textual Amendments

F9... Respondent to be servedE+W

6.6.  The application must be served on [F10the] respondent.

Textual Amendments

[F11Time for serving an application by the applicantE+W

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 serviceStep required
First class post, document exchange or other service which provides for delivery on the next business dayPosting, leaving with, delivering to or collection by the relevant service provider
Personal service under rule 6.7, by someone other than the applicant personallyLeaving it with the person to be served
Email service under rule 6.7ASending 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

Textual Amendments

Extension of time for serving the applicationE+W

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.]

Textual Amendments

Personal serviceE+W

6.7.  An application is served personally on a respondent by leaving it with that respondent.

[F12Email serviceE+W

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.]

Textual Amendments

[F13Service of application by the courtE+W

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.]

Textual Amendments

Service by the bailiffE+W

6.9.—(1) An applicant may request that an application be served by a bailiff delivering a copy of the application to the respondent personally.

(2) The request must be made in accordance with Practice Direction 6A.

(3) Where the bailiff is unable to serve the application, the applicant may apply to the court for an order under rule 6.19 (service by an alternative method or at an alternative place).

(Practice Direction 6A contains provision about when a request under this rule is appropriate.) (Rule 6.22 provides for notice of non-service by a bailiff.)

Where to serve the application – general provisionsE+W

6.10.—(1) The application must be served within the jurisdiction except as provided for by Chapter 4 of this Part (service out of the jurisdiction).

[F14(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.]

(3) Paragraph (2) does not apply where an order made by the court under rule 6.19 (service by an alternative method or at an alternative place) specifies the place or method of service of the application.

Textual Amendments

Service of the application on a solicitor within the jurisdiction F15...E+W

6.11.—(1) Where a solicitor acting for the respondent has notified the applicant in writing that the solicitor is instructed by the respondent to accept service of the application on behalf of the respondent at a business address within the jurisdiction, the application must be served at the business address of that solicitor.

F16(2) . . . . . . . . . . . . . . . . . . . .

(“Solicitor” has the extended meaning set out in rule 6.2 F17....)

Textual Amendments

Service of the application where the respondent gives an address at which the respondent may be servedE+W

6.12.  Subject to rule 6.13, the respondent may be served with the application at an [F18email address in accordance with rule 6.7A or at a postal] address within the jurisdiction which the respondent has given for the purpose of being served with the proceedings.

Textual Amendments

Service of the application where the respondent does not give an address at which the respondent may be servedE+W

6.13.—(1) This rule applies where—

(a)rule 6.11 (service of application on solicitor); and

(b)rule 6.12 (respondent gives address at which respondent may be served),

do not apply and the applicant does not wish the application to be served personally under rule 6.7.

[F19(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.]

(3) Where the applicant has reason to believe that the respondent no longer resides at his usual or last known [F20postal] address, [F21or no longer has access to the usual email address,] the applicant must take reasonable steps to ascertain the current [F22postal and email] address of the respondent.

(4) Where, having taken the reasonable steps required by paragraph (3), the applicant—

(a)ascertains the respondent's current [F23email and postal] address, the application must be served [F24in accordance with paragraph (2)]; or

(b)is unable to ascertain the respondent's current [F25email and postal] address, the applicant must consider whether there is—

(i)an alternative place where; or

(ii)an alternative method by which,

service may be effected.

(5) If, under paragraph (4)(b), there is such a place where or a method by which service could be effected, the applicant must make an application under rule 6.19.

Textual Amendments

Service of the application on children and protected partiesE+W

6.14.—(1) Where the respondent is a child, the application form must be served on—

(a)one of the child's parents or guardians; or

(b)if there is no parent or guardian, an adult with whom the child resides or in whose care the child is.

(2) Where the respondent is a protected party, the application must be served on—

(a)one of the following persons with authority in relation to the protected party—

(i)the attorney under a registered enduring power of attorney;

(ii)the donee of a lasting power of attorney; or

(iii)the deputy appointed by the Court of Protection; or

(b)if there is no such person, an adult with whom the protected party resides or in whose care the protected party is.

(3) Any reference in this Chapter to a respondent or party to be served includes the person to be served with the application form on behalf of a child or protected party under paragraph (1) or (2).

(4) The court may make an order permitting an application form to be served on a child or protected party, or on a person other than the person specified in paragraph (1) or (2).

(5) An application for an order under paragraph (4) may be made without notice.

(6) The court may order that, although an application form has been sent or given to someone other than the person specified in paragraph (1) or (2), it is to be treated as if it had been properly served.

(7) Where a document is served in accordance with this rule—

(a)it must be endorsed with the notice set out in Practice Direction 6A; and

(b)the person commencing the proceedings must file a witness statement by the person on whom the application form was served stating whether—

(i)the contents of the application form; or

(ii)the purpose and intention of the application,

were communicated to the child or protected party and, if not, why not.

(8) Paragraph (7)(b) does not apply where the Official Solicitor is, as the case may be—

(a)the litigation friend of the protected party; or

(b)the litigation friend or children's guardian of the child.

Deemed service – receipt of acknowledgment of serviceE+W

6.15.—(1) Subject to paragraph (2), an application is deemed to be served if the acknowledgment of service, signed by the party served or the solicitor acting on that party's behalf, is returned to the court office.

(2) Where the signature on the acknowledgment of service purports to be that of the other party to the marriage or civil partnership, the applicant must prove that it is the signature of that party by—

(a)giving oral evidence to that effect at the hearing; or

(b)if the application is [F26not disputed], confirming it to be so in the [F27statement] the applicant files under rule [F287.9(4)].

Textual Amendments

F27Word in rule 6.15(2)(b) substituted (6.4.2012) by The Family Procedure (Amendment) Rules 2012 (S.I. 2012/679), rules 1, 6 (with rule 30)

Deemed service by post or alternative service where no acknowledgment of service filedE+W

6.16.—(1) Subject to paragraph (2), if—

(a)an application has been served on a respondent by [F29email in accordance with rule 6.7A or by] post or other service which provides for delivery on the next business day;

(b)no acknowledgment of service has been returned to the court office; and

(c)the court is satisfied that the respondent has received the application,

the [F30court] may direct that the application is deemed to be served.

F31(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Proof of personal service where no acknowledgment of service filedE+W

6.17.—(1) This rule applies where—

(a)an application has been served on a respondent personally; and

(b)no acknowledgment of service has been returned to the court office.

(2) The person serving the application must file a certificate of service stating the date and time of personal service.

(Practice Direction 6A makes provision for a certificate of service by a bailiff.)

(3) If the respondent served was the other party to the marriage or civil partnership, the certificate of service must show the means by which the person serving the application knows the identity of the party served.

Proof of service by the court etc.E+W

6.18.—(1) Where a court officer serves an application by post, or other service which provides for delivery on the next business day, the court officer must note in the court records the date of—

(a)posting; or

(b)leaving with, delivering to or collection by the relevant service provider.

[F32(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.]

(2) A record made in accordance with paragraph (1) is evidence of the facts stated in it.

(3) This rule does not affect the operation of section [F3331N of the 1984 Act]. (Section [F3431N of the 1984 Act] provides that where a summons or other process issued from [F35the family court] is served by an officer of a court, service may be proved by a certificate in a prescribed form.)

Textual Amendments

Service of the application by an alternative method or at an alternative placeE+W

6.19.—(1) Where it appears to the court that there is a good reason to authorise service by a method or at a place not otherwise permitted by this Part, the court may direct that service is effected by an alternative method or at an alternative place.

(2) On an application under this rule, the court may direct that steps already taken to bring the application form to the attention of the respondent by an alternative method or at an alternative place is good service.

(3) A direction under this rule must specify—

(a)the method or place of service;

(b)the date on which the application form is deemed served; and

(c)the period for filing an acknowledgment of service or answer.

Power of the court to dispense with service of the applicationE+W

6.20.—(1) The court may dispense with service of the application where it is impracticable to serve the application by any method provided for by this Part.

(2) An application for an order to dispense with service may be made at any time and must be supported by evidence.

(3) The court may require the applicant to attend when it decides the application.

Notification of failure of [F36postal] service by the courtE+W

6.21.  Where—

(a)the court serves the application by post or other service which provides for delivery on the next business day; and

(b)the application is returned to the court,

the court will send notification to the applicant that the application has been returned.

Textual Amendments

[F37Notification of failure of email service by the courtE+W

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.]

Textual Amendments

Notice of non-service by bailiffE+W

6.22.  Where—

(a)the bailiff is to serve an application; and

(b)the bailiff is unable to serve it on the respondent,

the court officer will send notification to the applicant.