Draft changes to the Family Procedure Rules arising from planned implementation of the Divorce, Dissolution and Separation Act 2020

This consultation relates to proposed amendments to Part 6 (Service) and new rules in Part 7 (Procedure for Applications in Matrimonial and Civil Partnership Proceedings) of the Family Procedure Rules 2010, which seek to give procedural effect to the revised legislative framework brought about by the Divorce, Dissolution and Separation Act 2020 (“DDSA 2020”).

On implementation, the DDSA 2020 will bring about the most significant changes to the law of divorce, dissolution and separation in almost half a century. These statutory changes will of course require significant procedure rule changes. The consultation paper outlines the most substantive changes that are proposed by the Committee, most notably in respect of service (both within and outside the jurisdiction) and joint applications. Other key changes include the definition of disputed cases and the listing of case management hearings in disputed cases. The Family Procedure Rules Committee welcomes views from stakeholders in respect of the Committee’s proposed amendments and new rules.