This Practice Direction supplements FPR Part 36, rule 36.2 (Transitional Arrangements and Pilot Schemes).

Scope and interpretation

1.1.This Practice Direction is made under rule 36.2 and sets up a Pilot Scheme to allow for an application for a matrimonial order or civil partnership order to proceed by electronic means via the online system.

1.2.This Practice Direction comes into force on 6 April 2022.

1.3.Subject to paragraph 1.4, this Practice Direction applies to all applications made on the online system from 6 April 2022.

1.4.Practice Direction 41A will remain in force in relation to any applications commenced under that Practice Direction, and this Practice Direction (and any that supersede it) will not apply in relation to such applications.

1.5. Subject to paragraph 1.6, the Pilot Scheme applies where the following conditions are met:

1. the application is for a matrimonial order which is an order of divorce made under section 1 of the 1973 Act;
2. the application is for a civil partnership order which is an order of dissolution made under section 1 of the 2004 Act;
3. the application is not unsuitable for the online system (as explained in paragraph 1.8);
4. in a sole application, either party chooses to proceed with the application by electronic means;
5. in a joint application, the parties each choose to proceed with the application by electronic means;
6. the application is started in the family court; and
7. the application is filed in the period commencing 6 April 2022 and ending 31 May 2024.

1.6.Subject to paragraph 1.7, an application must proceed by electronic means where-

(a) all of the conditions in paragraph 1.5(a), (b), (c), (f) and (g) are met; and

(b) the applicant is legally represented.

1.7.Paragraph 1.6 does not apply when the online system is not available for use because of-

(a) planned “down time” for system maintenance or upgrades;

(b) unplanned “down-time” because of, for example, a system failure or power outage or some other unplanned circumstance.”; or

(c) in a joint application, the same legal representative is acting for both applicants.

1.8.HM Courts and Tribunals Service may conclude that certain individual or categories of applications are not suitable for the online system, and such categories are to be specified in guidance issued by HM Courts and Tribunals Service and published on GOV.UK.

1.9. In this Practice Direction the “online system” means HM Courts and Tribunals Service’s online system to allow for specified applications in matrimonial and civil partnership proceedings to be completed online.  The online system is accessible at https://www.gov.uk/apply-for-divorce.

Purpose of the Pilot Scheme

2.1. The purpose of this Pilot Scheme is to assess the use of new practices and procedures to allow for an application for a matrimonial order or civil partnership order to proceed by electronic means via the online system.

Modification of the FPR and Practice Directions during operation of the Pilot Scheme

3.1. During the operation of the Pilot Scheme the Family Procedure Rules 2010 and the Practice Directions supporting the Rules will apply to cases falling within the Pilot Scheme as modified by paragraphs 4.1 to 13.5. This Practice Direction contains provisions that apply generally to applications in the Pilot Scheme.

3.2 There are certain steps that cannot be taken by electronic means via the online system and which must be taken offline and in accordance with the FPR and supporting practice directions. (In turn, rule 5.5 and PD5B will apply to determine whether any of the steps can be taken via email.)

3.3 The Pilot Scheme does not make provision in relation to steps that can already be undertaken by email (via rule 5.5 FPR and PD5B) or in relation to procedures to enable documents to be held electronically by HMCTS via bulk scanning (PD5D).

Modification of Part 2 FPR

4.1       In rule 2.3(1) FPR, for the definition of “filing” substitute-

“ “filing” in relation to supplying a document or information, means-

(a)        delivering it, by post or otherwise, to the court office; or

(b)        where Practice Direction 36ZC applies, by-

(i) uploading the document on the online system referred in that Practice Direction; or

(ii) submitting the information via that online system;”.

Modification of Part 5 FPR

5.1. For rule 5.1, substitute-

“5.1
(1) Where the Pilot Scheme referred to in Practice Direction 36ZC applies, and subject to that Practice Direction, the following stages in matrimonial or civil partnership proceedings shall be completed online by the applicant, or applicants jointly, in the manner specified by the online system-

(a) create and start certain types of application for a matrimonial order or civil partnership order;

(b) in respect of such an application-

(i) file documents;

(ii) in the case of joint applicants, file an acknowledgement of receipt;

(iii) indicate willingness to accept service of any documents relating to the application by email;

(iv) accept service of any documents relating to the application;

(v) serve any documents relating to the application (but not serve the application itself);

(vi) make an application for a conditional order; and

(vii) make an application for a final order (and give notice of such application where required);

(c) view an electronic record of the progress of the application.

(2) Where the Pilot Scheme referred to in Practice Direction 36ZC applies, and subject to that Practice Direction, the respondent may take the following steps by electronic means via the online system in respect of an application for a matrimonial order or civil partnership order which is progressing via the online system-

(a) file an acknowledgement of service;

(b) indicate willingness to accept service of any documents relating to the application (but not the application itself) by email;

(c) accept service of any documents relating to the application;

(d) make an application for a final order (where applicable); and

(d) view an electronic record of the progress of the application.

(3) Each party must at each stage provide all the information requested, including any documents that the online system or court requires, in a manner specified by the online system or by the court.”.

5.2. Omit rule 5.2.

Modification of Part 6 FPR

6.1. In rule 6.15 for paragraph (1) substitute-

“(1) An application is deemed to be served if-

(a)  subject to paragraph (2), a paper acknowledgment of service, signed by the party served or the solicitor acting on that party’s behalf, is returned to the court office; or

(b)the respondent completes the acknowledgment of service using the online system referred to in Practice Direction 36ZC.”

Modification of Part 7 FPR

7.1. For rule 7.3(1) substitute-

“7.3
(1) Where an applicant is legally represented, the legal representative must complete and provide with the application, in a manner specified in the online system referred to in Practice Direction 36ZC, a statement certifying whether the legal representative has discussed with the applicant the possibility of  reconciliation and given the applicant the names and addresses of persons qualified to help effect a reconciliation.”.

7.2. For rule 7.5(2)(a) substitute-

“(a) details of how to respond to the application; and”.

7.3. In rule 7.7-

(a) in paragraph (1) for “The” substitute “Subject to paragraphs (2A) to (2C), the”;

(b)  after paragraph (2) insert-

“(2A) A respondent may choose whether or not to use the online system to complete and file an acknowledgment of service. Details of how to respond online will be sent to them in accordance with 7.5(2)(a).

(2B) If a respondent chooses not to use the online system then they must contact HM Courts and Tribunals Service (using the details sent to them in accordance with 7.5(2)(a)) to request a paper form for acknowledging service.

(2C) Where paragraph (2B) applies, the acknowledgment of service must be filed within 14 days beginning with the date on which the respondent received the paper form for acknowledging service. The amended deadline for filing the acknowledgment will be notified to all parties.”;

(c) in paragraph (3)(a) reference to “signed” is to be read as reference to the name of the individual being, or having been, recorded against the statement of truth included in an acknowledgment of service which has been completed online in accordance with paragraph (2A);

(d) in paragraph (4) after “proceedings”, the second time it appears, insert “using the online system described in Practice Direction 36ZC”.

7.4. In rule 7.9-

(a) in paragraph (1) after “court” insert “using the online system described in Practice Direction 36ZC”;

(b) after paragraph (3) insert—

“(3A) An application made under paragraph (3)(c) may be made offline and in accordance with Part 7 of the FPR or using the online system described in Practice Direction 36ZC.”;

(c) in paragraph (4)-

(i) for “be accompanied by” substitute “include”;

(ii) in subparagraph (c) for “the”, the first time it appears, substitute “a paper”;

(d) for paragraph (6) substitute-

‘(6) The online system referred to in Practice Direction 36ZC must notify the other party to the marriage where an application is made under paragraph (3)(c).’

7.5. In rule 7.19 -

(a) in paragraph (1) after “court”, each time it appears, insert “, using the online system described in Practice Direction 36ZC”;

(b) in paragraph (2)-

(i) after “(1)(c)” insert “using the online system described in Practice Direction 36ZC”;

(ii) after “notice”, the second time it appears, insert “using the online system described in Practice Direction 36ZC”;

(c) after paragraph (2) insert—

“(2A) An application made under (1)(c) may be made offline and in accordance with Part 7 of the FPR or using the online system described in Practice Direction 36ZC.”;

(d) omit paragraph (3).

Modification of Part 17 FPR

8.1.  In rule 17.2(6), for “The statement of truth” substitute “Subject to paragraph (6A), the statement of truth”.

8.2. After rule 17.2(6) insert-

“(6A) Where a statement of truth is included in an application or acknowledgment of service completed using the online system referred to in Practice Direction 36ZC-

(a)  the party must file with the court an application or acknowledgment of service which includes the name of the person who the online system requires to sign a statement of truth recorded against the statement of truth; and

(b)  the court may require the party to produce a copy of the application or acknowledgment of service containing the signature of the person referred to in sub-paragraph (a) at a later date.”.

Modification of Part 29 FPR

9.1. After rule 29.13(1) insert-

“(1A) Where the pilot scheme referred to in Practice Direction 36ZC applies, service under paragraph (1) or otherwise may be effected by the court sending each party an email, to the address given for service in accordance with Practice Direction 6A, containing a weblink from which the order may be accessed and downloaded.”.

Disapplication of Practice Direction 5B

10.1. Practice Direction 5B does not apply in relation to an application made online under the Pilot Scheme referred to in Practice Direction 36ZC.

Modification of Practice Direction 6A

11.1. In paragraph 4.2(b)-

(a) in paragraph (iii) for “; or” substitute “;”;

(b) in paragraph (iv) for the full-stop substitute “;

(c) after paragraph (iv) insert-

“(v) confirmation given, by the party to be served, within the online system referred to in Practice Direction 36ZC that that party is willing to accept service by email and stating the email address for such service; or

(vi) a legal representative for the party to be served having registered on MyHMCTS (being the online case management tool managed by

HM Courts and Tribunals Service).”

11.2. In paragraph 10.1-

(a) for “send” substitute “provide”; and

(b) omit “photographic or scanned”.

Modification of Practice Direction 7A

12.1. For paragraph 1.1 substitute-

“1.1 Where the Pilot Scheme referred to in Practice Direction 36ZC applies, an application for a matrimonial order or civil partnership order must be made as required by the online system referred to in that Practice Direction and in accordance with rule 5.1.”.

12.2. For paragraph 1.2 substitute-

“1.2 The application must be completed according to the detailed guidance contained in the online system.”.

12.3. After paragraph 1.2 insert-

“Applications for matrimonial or civil partnership orders received via the online system: timing

“1A.1 An application for a matrimonial or civil partnership order that is submitted via the online system is lodged with the court on the date and at the time that HMCTS software records the application as received, provided that the application is subsequently issued by the court.

1A.2 A document, other than an application for a matrimonial or civil partnership order, that is submitted via the online system is filed with or otherwise received by the court on the date and at the time that HMCTS software records the document as received.

1A.3 When an application is received via the online system referred to in Practice Direction 36ZC, an acknowledgement of receipt will automatically be sent to the applicant or applicants. This acknowledgement of receipt does not constitute a notice that the application has been issued.”.

12.4. For paragraph 3.1 substitute—

‘Proof of marriage

3.1 The online system referred to in Practice Direction 36ZC sets out the documents which must accompany an application for a matrimonial order or civil partnership order and the way in which those documents may be provided (for example, the online system may allow for documents to be posted, or to be uploaded and submitted online with the application). Where the existence and validity of a marriage or civil partnership is not disputed, its validity will be proved by the application being accompanied, or verified, by –

(a) one of the following –

(i) a certificate of the marriage or civil partnership to which the application relates; issued under the law in force in the country where the marriage or civil partnership registration took place;

(ii) a similar document issued under the law in force in the country where the marriage or civil partnership registration took place; or

(iii) a certified copy of such a certificate or document obtained from the appropriate register office; or

(iv) HM Passport Office’s “Life Event Service” (for marriages that have been registered in England and Wales since 1 January 2011); and

(b) where the certificate, document or certified copy is not in English (or, where the court is in Wales, in Welsh), a translation of that document certified by a notary public or authenticated by a statement of truth.’

Modification of Practice Direction 17A

13.1. Omit paragraphs 1.5 and 2.3.

13.2. In the heading to paragraph 3.1 and in paragraphs 3.1, 3.7, 3.8 and 3.10 references to “sign”, “signs”, “signed” and “signing” are to be read as references to the name of the person being, or having been, recorded against the statement of truth included in an application or acknowledgment of service filed in matrimonial or civil partnership proceedings to which the pilot scheme referred to in Practice Direction 36ZC applies.

13.3. For paragraph 4.1 substitute-

“4.1 Where an application or acknowledgment of service completed using the online system referred to in Practice Direction 36ZC contains a statement of truth, with the name of a person who is unable to read or sign the document recorded against it, the application or acknowledgment of service must be accompanied by a certificate made by an authorised person.”.

13.4. In paragraph 4.3-

(a)  for sub-paragraph (a) substitute-

“(a) that the content of the online application or acknowledgment of service has been read to the person before completion of the statement of truth required by the online system;”; and

(b)  for sub-paragraph (e) substitute-

“(e) that that person confirmed in the presence of the authorised person that it was their belief that the contents of the online application or acknowledgment of service were true.”

13.5. For the Annex substitute-

“Certificate to be used where a person is unable to read or sign an online application or acknowledgment of service filed in matrimonial or civil partnership proceedings to which the pilot scheme in Practice Direction 36ZC applies.

I certify that I [name and address of authorised person] have read the contents of the online [application][acknowledgment of service] and the statement of truth to the person whose name is recorded against the statement of truth, who appeared to understand (a) the [application][acknowledgment of service] and approved its contents as accurate and (b) the statement of truth and the consequences of making a false statement, and orally confirmed that this was the case in my presence.