PLEASE NOTE THIS PD COMES INTO FORCE 1 JANUARY 2025

This Practice Direction supplements rule 41.1 FPR (proceeding by electronic means).

Scope and interpretation

1.1      This Practice Direction makes provision to require certain applications for, or in relation to, a financial remedy to be filed and progressed via a HMCTS online application system.

(It should be noted that, while a presumption of death order under the 2004 Act is a form of “civil partnership order” as defined in rule 2.3 FPR, no application for a financial remedy may be made under the 2004 Act in connection with an application for such a presumption of death order.)

1.2      This Practice Direction comes into force on 1st January 2025.

1.3      This Practice Direction applies to applications where all of the following conditions are met:

(a) subject to the exceptions in paragraph 1.4, the application is-

(i)  for a financial remedy in connection with an application for a matrimonial order or for a civil partnership order;

(ii) a notice of intention to proceed with an application for a financial remedy that was made in an application for a matrimonial order or for a civil partnership order;

(iii) for an order under Schedule 1 to the 1989 Act; or

(iv) to set aside an order for a financial remedy.

(b) the application is not for a consent order;

(c) either –

(i) the applicant is legally represented but the respondent is not; or

(ii) the applicant and the respondent are legally represented;

(d) access by the party’s legal representative to the online system for creating, starting or progressing such applications is permitted;

(e) the application is started in the family court; and

(f) the application is made on or after 1st January 2025.

1.4      The exceptions referred to in paragraph 1.3 are where the application is-

(a) for an order for payment in respect of legal services which is not made at the same time as an application for another form of financial remedy or is not made in proceedings already on the online system for another form of financial remedy; or

(b) to set aside a financial remedy order where the application to set aside relates to an order which was not made as a result of a financial remedy application made and progressed on the online system.

1.5      In this Practice Direction, “the online system” means His Majesty’s Courts and Tribunal Service’s online system to allow for specified stages, or in relation to, in specified financial remedy proceedings to be dealt with online.

Use of the online system

2.1      Subject to paragraphs 2.2 and 2.3, from  1st January 2025, applications to which this Practice Direction applies must be created, started and progressed via the online system.

2.2      Paragraph 2.1 does not apply when the online system is not available for use because of-

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

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

2.3      For the avoidance of doubt-

(a) it should not be assumed that all stages of an application will always be able to be dealt with on the online system or that all legal representatives of parties will have access to the online system. For example, there may be circumstances which require a case to be removed from the online system, such as where an intervenor becomes involved in the proceedings. His Majesty’s Courts and Tribunals Service will indicate via the online system who can access the online system, and which stages in proceedings can be dealt with on the online system, at any point in time;

(b) filing a document via the online system does not mean that service of that document has been effected; and

(c) if a party who was legally represented ceases to be so represented during the course of proceedings (so becomes a litigant in person), that party will not be able to access the online system. His Majesty’s Courts and Tribunals Service can continue to use the online system to store documents and for case management purposes, but any unrepresented party will need to file documents, and be served with documents (including orders) via the procedure provided for in the FPR, not via the procedure provided for in this Practice Direction

Modification or disapplication of the FPR and Practice Directions

3.1      In cases to which this Practice Direction applies, the FPR and the Practice Directions supporting the FPR will apply in respect of the applicant to cases falling within the Pilot Scheme as modified, or disapplied, by paragraphs 4.1 to 11.2

Modification of Part 2 FPR

4.1      In rule 2.3(1), 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 41H  applies, by-

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

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

Modification of Part 3 FPR

5.1      For rule 3.7 substitute-

“3.7  Where Practice Direction 41H  applies, the application must include from the prospective applicant –

(a) confirmation that the prospective applicant has attended a MIAM; or

(b) a claim that one of the MIAM exemptions applies.”. 

Modification of Part 5 FPR

6.1      For rule 5.1, substitute-

“5.1 Where the Practice Direction 41H applies-

(a) the applicant must complete all sections of the online application; and

(b) the applicant and the respondent must provide all the information, including any additional documents, that the online application system referred to in that Practice Direction requires, or that the court requires, in a manner-

(i) specified by the online application system;

(ii) specified in guidance relating to the online application system; or

(iii) required by the court.”.

6.2      Omit rule 5.2.

Modification of Part 9 FPR

7.1      After rule 9.9B insert-

“Pilot Scheme cases: filing of documents

9.9C(1)  In this rule, “document” means anything in which information of any description is recorded.

(2)  Where-

(a) the Practice Direction 41H  applies;

(b) the court, a rule in this Part or a provision in Practice Direction 9A requires a party to file a document with the court; and

(c) the court or the online system requires that that document be filed with the court in a specified manner;

the party must comply with that requirement by filing the document in the specified manner.

(See also Practice Direction 9A.) ”.

7.2      In rule 9.17, after paragraph (5) insert-

“(5A) Where the Practice Direction 41H  applies and a document has been filed in a manner specified by the online system referred to in that Practice Direction, paragraph (5) does not apply.

(5B) Where paragraph (5A) applies, the document will not be retained on the online system or on the court file following the conclusion of the FDR appointment.”.

7.3      For rule 9.26(1)(a) substitute-

“(a) the applicant must file a draft of the order in the terms sought, which must be signed by both parties; and”.

Modification of Part 29 FPR

8.1      After rule 29.13(1) insert-

“(1A) Where Practice Direction 41H applies, service on a party under paragraph (1) or otherwise may be effected by the court sending the 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.”.

Modification of Practice Direction 3A

9.1      For paragraph 6 substitute-

“6. Where Practice Direction 41H  applies, the application must include from the applicant one of the following-

(a) confirmation that the applicant has attended a MIAM, including the date attended, the name of the authorised family mediator (and/or Family Mediation Service) and their FMC registration number; or

(b) a claim that one of the MIAM exemptions applies.”.

9.2      After paragraph 6 insert-

“6A. An applicant who provides confirmation or makes a claim in accordance with paragraph 6(a) or (b) above must provide any supporting evidence with their application (but that evidence does not need to be served on other parties)..”.

9.3      Omit paragraphs 14 and 15.

9.4      In paragraph 18 for “on the relevant form” substitute “in the relevant section of the online system”.

Modification of Practice Direction 6A

10.1    After paragraph 4.1 insert-

“4.1A Paragraphs 4.2 to 4.6 also apply where-

(a) Practice Direction 41H applies; and

(b) service of a judgment or order by the court is to be effected in accordance with rule 29.13(1A), as inserted by Practice Direction 41H.

4.1B Where paragraph 4.1A applies, references in paragraphs 4.2 to 4.5 to service of a document by email include service of a judgment or order by the court sending by email a weblink from which the judgment or order may be accessed and downloaded.”.

10.2    In paragraph 4.2(b)-

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

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

(c) after paragraph (iv) insert-

“(v) a legal representative for the party to be served having registered on MyHMCTS (being the online case management tool managed by His Majesty’s Courts and Tribunals Service).”.

10.3    After paragraph 4.6 insert-

“Service by a party where Practice Direction 41H applies

4A.1 Paragraph 4A.2 applies where-

(a) Practice Direction 41H  applies; and

(b) a party is required to effect service of a document on another party.

4A.2 Where this paragraph applies-

(a) paragraphs 4.2 to 4.6 apply; and

(b) service of a document by a party may be effected by-

(i) the party filing the document to be served on the online system referred to in Practice Direction 41H; and

(ii) the party who filed the document then sending each party to be served an email, to the address given for service in accordance with this Practice Direction 6A, indicating that the documents may be accessed and downloaded from the online system.”.

Modification of Practice Direction 9A

11.1    After paragraph 2.1, insert-

“Application for a financial remedy received via the online system: timing

2A.1 An application for a financial remedy that is submitted via the online system referred to in Practice Direction 41H  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.

2A.2  A document, other than an application, that is submitted via the online system referred to in Practice Direction 41H  is filed with or otherwise received by the court on the date and at the time that HMCTS software records the document as received.

2A.3  When an application for a financial remedy to which the Pilot Scheme referred to in Practice Direction 41H  applies is received via the online system referred to in that Practice Direction, an acknowledgement of receipt will automatically be sent to the email address given as the address for service in the online system. This acknowledgement of receipt does not constitute a notice that the application has been issued.

Application for a financial remedy received via the online system: filing of subsequent documents (etc)

2B.1 Rule 9.9C makes provision in relation to cases to which Practice Direction 41H  applies. The term “document” is defined widely in the rule. The reference in rule 9.9C to a “document” includes all statements, evidence, notices and other documents that a party may be required to file in accordance with a direction or order of the court, a rule in Part 9 of the FPR or a provision of this Practice Direction, to include:

rule 9.14 – a financial statement, documents accompanying the financial statement, a statement of issues, chronology, questionnaire, notice of readiness, confirmation of who has been served;

rule 9.15 – further documents to be filed, as directed by the court at the first appointment;

rule 9.16 – documents to be filed, as directed by the court after the first appointment;

rule 9.17(3) – details of offers and proposals;

rule 9.17(9) – evidence directed at the conclusion of an FDR appointment to be filed;

rule 9.18(2)(c)(iii) – certificate of service;

rule 9.19(1), (2) and (3) – financial statement and specified supporting documents;

rule 9.20(3)(a) and (b) – further evidence or documents to be filed, as directed by the court at the first hearing;

rule 9.28(1) – an open statement which sets out concise details, including the amounts involved, of the orders which the applicant proposes to ask the court to make;

paragraph 4.1 of this Practice Direction – a summary of the case agreed between the parties, a schedule of assets agreed between the parties and details of any directions that they seek, including, where appropriate, the name of any expert they wish to be appointed; and

paragraph 5.2 of Practice Direction 9A– documents or information filed by way of reply to a questionnaire, where the court has directed that these be filed with the court.”.

11.2    For paragraph 7.1 substitute-

“7.1  Rule 9.26(1)(a) is considered to be properly complied with if the draft order is signed by solicitors on record as acting for a party. However, where the consent order applied for contains undertakings, it should be signed by the party giving the undertakings as well as by that party’s solicitor. (Provision relating to the enforcement of undertakings is contained in Practice Direction 33A supplementing Part 33 of the FPR.)”