Judicial separation (pre-DDSA 2020)

Copyright © 2024 LexisNexis

The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) is in force from 6 April 2022. Proceedings issued by the court on or after 6 April 2022 will be subject to the provisions of DDSA 2020 and the changes to procedure 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.

Proceedings issued by the court on or before 5 April 2022 will continue to progress under the pre-DDSA 2020 law. Such applications will not be impacted by the coming into force of DDSA 2020, nor the consequential changes to procedure. This document covers the position for proceedings for judicial separation issued prior to 6 April 2022.

Legislative changes have been made as a consequence of DDSA 2020, including to FPR 2010, Pt 7. To view a historic version of FPR 2010, Pt 7, and FPR 2010, Practice Direction 7A as applicable to proceedings issued prior to 6 April 2022, see below:

FPR 2010 introduced a change in the terminology in judicial separation

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Existing user? Sign-in TAKE A FREE TRIAL
Powered by Lexis+®
Latest Family News

Family Procedure Rules 2010 Practice Direction Update No 7 of 2024

The seventh Family Procedure Rules 2010 (FPR 2010) Practice Direction (PD) update of 2024 has been issued, making amendments to six existing PDs and inserting three new PDs. The PD update makes provision for transparency orders where reporters have attended hearings in most types of proceedings relating to a child and in placement order proceedings where the application for a placement order is made within proceedings for a care order. Permanent provision is made to underpin the contested financial remedy online digital service for legal representatives. The pathfinder pilot is extended until 31 March 2026 in existing sites and expanded to additional courts. The pilot for notification to the police of non-molestation orders and of occupation orders with a power of arrest attached is extended until 28 February 2026. Amendments to allow local flexibilities to be adopted in the Child Arrangements Programme are extended until 28 February 2027 and the correct address for filing certain documents with the High Court is updated.

Online Procedure Rule Committee minutes—2024 in review

The Online Procedure Rule Committee (OPRC), established under the Judicial Review and Courts Act 2022 (JRACA 2022), creates rules governing the practice and procedure for specific types of online court and tribunal proceedings across the Civil, Family and Tribunal jurisdictions (CFT). The OPRC holds regular meetings, for which the minutes are published. This News Analysis summarises the key developments in 2024 and looks forward to potential future developments.

Family weekly highlights—19 December 2024

This week's edition of Family weekly highlights includes details of the Family Procedure (Amendment No 2) Rules 2024, the Law Commission scoping paper on financial remedies on divorce and dissolution and minutes from the Online Procedure Rule Committee meetings. The Family Procedure Rules 2010 Practice Direction Update No 7 of 2024 is also considered. Recent judgements on representation and procedural unfairness, inter-country adoption and strike out of an application for nullity are considered. Three new graphics added to Practice Notes in Family Practical Guidance are also set out.

Law Commission scoping paper on financial remedies on divorce and dissolution

Family analysis: The Law Commission has published a scoping paper on financial remedies on divorce and dissolution. The fundamental question underlying this project was whether the current law ‘provides a cohesive framework in which parties to a divorce or dissolution can expect fair and sufficiently certain outcomes’. The Law Commission found that it does not. This News Analysis considers the background to this project, the Law Commission’s findings and what might happen next.

View Family by content type :  
News
Practice notes
Precedents
Q&As

Popular documents

The grounds on which a marriage is void

The grounds on which a marriage is voidThis Practice Note sets out the grounds on which a marriage is void. It covers marriages not valid under the Marriage Acts 1949 to 1986, eg the parties are within the prohibited decrees. It covers cases where at the time of the marriage either party was already

Letter to court applying for decree absolute more than 12 months after decree nisi (pre-DDSA 2020)

Letter to court applying for decree absolute more than 12 months after decree nisi (pre-DDSA 2020)Dear [insert organisation][insert case name] [insert case reference number]We enclose our client’s application for decree nisi to be made absolute.The application for decree absolute is lodged more than

If the respondent to a divorce files a cross petition what steps must the first petitioner take if they

If the respondent to a divorce files a cross petition what steps must the first petitioner take if they wish to defend the cross petition and proceed on the basis of their first petition or they do not wish to defend the cross petition. Does the first petitioner need to file an acknowledgment of

Notice of acting

Notice of actingCase number [insert number][In the FAMILY COURT SITTING AT [insert court location]ORIn the principal registryORIn the [insert court location] DISTRICT registryORIn the HIGH COURT OF JUSTICE FAMILY DIVISION]Notice of actingBetween[insert applicant name]Applicantand[insert respondent
The grounds on which a marriage is void

The grounds on which a marriage is void

The grounds on which a marriage is voidThis Practice Note sets out the grounds on which a marriage is void. It covers marriages not valid under the Marriage Acts 1949 to 1986, eg the parties are within the prohibited decrees. It covers cases where at the time of the marriage either party was already

Letter to court applying for decree absolute more than 12 months after decree nisi (pre-DDSA 2020)

Letter to court applying for decree absolute more than 12 months after decree nisi (pre-DDSA 2020)

Letter to court applying for decree absolute more than 12 months after decree nisi (pre-DDSA 2020)Dear [insert organisation][insert case name] [insert case reference number]We enclose our client’s application for decree nisi to be made absolute.The application for decree absolute is lodged more than

If the respondent to a divorce files a cross petition what steps must the first petitioner take if they

If the respondent to a divorce files a cross petition what steps must the first petitioner take if they

If the respondent to a divorce files a cross petition what steps must the first petitioner take if they wish to defend the cross petition and proceed on the basis of their first petition or they do not wish to defend the cross petition. Does the first petitioner need to file an acknowledgment of

Notice of acting

Notice of acting

Notice of actingCase number [insert number][In the FAMILY COURT SITTING AT [insert court location]ORIn the principal registryORIn the [insert court location] DISTRICT registryORIn the HIGH COURT OF JUSTICE FAMILY DIVISION]Notice of actingBetween[insert applicant name]Applicantand[insert respondent