OpenLegislation

Rule 6.41A Time for serving an application for a matrimonial or civil partnership order out of the jurisdictionF1

(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 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
(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 serviceStep required
Where service is to be effected by a method provided for by rule 6.45The 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 servedSending 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

Annotations

Textual amendments

F1

Rules 6.41A, 6.41B inserted (6.4.2022) by The Family Procedure (Amendment) Rules 2022 (S.I. 2022/44), rules 1(3)(a), 21 (with rule 29); S.I. 2022/283, reg. 2