Q&As

Divorce proceedings have been issued but have not yet been served on the respondent. Where the respondent wishes to issue financial remedy proceedings, can they do so without the divorce case number or, alternatively, can the respondent issue their own application for divorce under the procedure that applies post-6 April 2022 following the coming into force of the Divorce, Dissolution and Separation Act 2020?

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Published by a ÑÇÖÞÉ«ÇéÍø Family expert
Published on: 27 September 2022
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The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) is in force from 6 April 2022.

The amendments made by DDSA 2020 to the Matrimonial Causes Act 1973 (MCA 1973) in relation to proceedings for divorce do not apply in relation to proceedings that started before the commencement date of DDSA 2020, ie proceedings issued by the court on or before 5th April 2022 will not be impacted by the commencement of, and the changes made by, DDSA 2020.

Family proceedings are governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. The rules relating to divorce are in FPR 2010, SI 2010/2955, Pt 7 and the supporting practice direction, FPR 2010, PD 7A. Additionally, the rules

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