Guidance note on service of documents

This guidance was updated in April 2026. The law or procedure may have changed since that time and members should check the up-to-date position.

General

Service of documents is a particularly sensitive area.

There are different types of service – by post, email and in person are the most common forms still but the court can order service by alternatives such as by text/Whatsapp or deemed and substituted service too.

It is sometimes a legal requirement for documents to be personally served upon another party in a case (including third parties). Taking the wrong approach could not only inflame the situation and be counterproductive to the aims and ethos of the Resolution Code of Practice, but it could also undermine your client’s case if you get the service method/timing wrong and it is deemed ineffective.

Clear evidence that someone has been properly served both as to location and timing of such service is essential for your case records.

This guide looks at the issues and ways in which service of documents can be achieved in a constructive way, in order to avoid increasing the acrimony between the parties.

Timing

Service of documents should take place as soon after issue of the application or order as is possible and reasonable and in accordance with the Family Procedure Rules  (FPR) or Civil Procedure Rules (CPR) (whichever is applicable). Be sure of which Rules you are operating under given both the FPR and the CPR may apply in a family law matter.

You must give sufficient notice of hearings in accordance with the Family Procedure Rules and any provisions in a court order.

It will rarely be appropriate to delay service of a court application/order on the other person(s) because they have the right to know the case against them and have reasonable time to prepare their response.

There will be some, limited, occasions when service is at short notice due to emergency situations.

Personal service last thing on a Friday, at a weekend or just before a national holiday or religious festival should be avoided unless it is absolutely necessary.

Your client should be asked if they are aware of any times when it would be insensitive to serve the documents, such as birthdays or anniversaries, examinations, stressful hospital appointments or when there has been a close family bereavement. Efforts should be made to avoid any such sensitive times for service.

Service should not usually be attempted when any children in the care of the receiving person might be present as that could cause additional distress for the adult and the children concerned who witness the upset it causes the person caring for them. It could also cause direct emotional and/or physical harm as well for more than one party or a child depending upon how the application being served is received and perceived.

Serving at such times or in such circumstances may prevent the recipient from getting legal advice promptly and is likely to increase their anxiety and anger about the application because they are unable to discuss it with their lawyer. It could have the opposite effect to the one sought and hinder the case’s progression as a result.

If the recipient has a lawyer, then it may be worth considering if you can arrange for them to be served at their lawyer’s offices (the process server/enquiry agent meeting them there) through talking to their lawyer.  That enables effective service to take place and for them to have access to a legal advisor on the spot.

If deadlines for responses have to be given, then adequate time for obtaining legal advice, information or copy documents should be allowed between the date of service and the deadline. If there is a delay between a letter being dictated and it being sent out, then any deadline should be adjusted accordingly.

If the parties are engaged in a non-court-based process such as mediation or collaborative law, the question of service of the divorce application can often be addressed within that setting and, as is now the norm, the application will be sent to an agreed email address within an expected timescale.

It is usually appropriate to send a copy of the documents for service to the recipient’s legal advisors as well (if known).

Service outside the jurisdiction of England and Wales

If you are serving applications or documents out of the jurisdiction, consider carefully the contents of Family Procedure Rule Part 6(IV) and 6.43 and CPR Part 6  in particular as well as  the Hague Convention on Service 1965: see status table regarding the service of documents and Law Society Guidance on Service of Documents after Brexit.)

Always bear in mind that unless there is an order for substituted service within the jurisdiction, that starting point is that documents must be served in accordance with the law of the country where the documents will be received and not in accordance with the English and Welsh law on service.

Postal service, personal service and email service may well not be acceptable in the overseas jurisdiction and may even constitute criminal offences.

Check with the Foreign Process Section, Room E02, Royal Courts of Justice, Strand, London WC2A 2LL (telephone 020 7947 6691/ email [email protected]) if service must go via diplomatic channels instead.

Prior warning

Always consider whether contacting the recipient before the attempt to serve them will be appropriate and lead to effective service. As above, there may be options to engage the assistance of their lawyer as well.

If it is not appropriate to give forewarning of service of the documents when they have to be personally served on the other party, it is still appropriate to consider the timing of that action.

This might be because of the risk of evading service, the risk of violence, because there are proceedings in another jurisdiction which might be prejudiced, because of a jurisdiction race or because injunctive relief is sought or other without notice application is being made.

Use of process servers/enquiry agents

Choose a reputable enquiry agent or process server. You can check whether they belong to a professional association via the internet and should check what assurances they offer regarding sensitivity. Instructions to the enquiry agent should be in writing.

It is good practice to ensure that the enquiry agent or process server is aware of the sensitivities of service of documents in family proceedings. Most experienced ones are, but if instructing a new enquiry agent or process server, consider providing them with a copy of this guidance.

The lawyer should discuss with the client the most appropriate time and place for service and the process server should be notified of this, rather than leaving it to their discretion.

The process server should be warned of any likelihood of violence from the recipient or whether they may try to evade service.

The process server should be provided with a recent photograph of the recipient, their mobile telephone number and the make and registration number of their vehicle, if applicable.

The process server should be given a covering letter addressed to the recipient to list the documents being served and state the urgency and the importance of taking legal advice. The letter should also incorporate, word for word, the warning from the court order of being in contempt of court.

Care needs to be taken when drafting this letter to get the tone correct and ensure there are no misrepresentations as to the effect or the content of the orders. It would also be a good idea to highlight any deadlines including court hearing dates.

It is good practice to provide the client’s telephone number to the process server, if the client agrees, so they can be notified when service has taken place, if it is outside office hours.

You should make clear to the process server what proof of service you require so that there is no danger of the court being dissatisfied about service and causing your client cost, delay and inconvenience, or even exposure to danger.

Family members should never be used to effect service of documents. One party to family proceedings should not serve another party.

 Venue for service

The impact of the venue for service can have repercussions on the rest of the case and on family relationships generally, so should be considered with care. Effecting service at a place of employment, at a social gathering or at a religious meeting place could cause embarrassment or offence so should be avoided if possible. If this is necessary service should be as discreet as possible.

The process server should be encouraged to call the recipient on their mobile phone number and ask to meet, unless this is likely to give the recipient the chance to evade service.

After service

If the recipient is legally represented, it is good practice to send a copy of all the papers to their lawyer immediately after service has been effected, if it was not appropriate to send them before. These should be sent by the quickest means possible so that the lawyer can properly advise their client about the contents, to avoid misunderstandings and inappropriate responses.  In most circumstances now, it will be by email but do not underestimate the benefit a phone call in advance can have to advise such documents are on route too.

When serving a non-molestation order it is good practice to lodge not only a copy of the order with the police station, but also a copy of the application and the statement in support. If there is any breach of the order, the police will have background information and will not treat the incident breaching the order in isolation of everything else that may have occurred.

Litigants in Person

Where the other party is unrepresented extra care should be taken to avoid late service of documents.  See Re B (Litigants in Person: Timely Service of Documents) [2016] EWHC 2365 (Fam).

Mr Justice Peter Jackson  emphasised the potential for unfairness where documents such as preliminary documents, position statements and authorities are provided to a litigant in person (LiP) in circumstances where they do not have time to consider them properly before a hearing.

Peter Jackson J reminds advocates of the provisions of PD 27A, noting that bundles must generally be served 5 days before a hearing. Where late service may cause genuine unfairness, the court can and will consider whether an adjournment is needed which can, in turn, have significant consequences for all as counsel’s will have deemed but also as to costs orders for being the party in default.  That can also undermine a client’s confidence in their lawyer’s ability.

Note

1. This is good practice guidance and does not and cannot affect any obligations in law, specific court orders or rules of professional practice.
2. Good practice guidance can only deal with the generality of the situations and is not an absolute rule. The special facts of a case may require and/or justify departing from these guidelines.
3. This guidance applies to all family law cases for the better conduct and approach to resolving family breakdown issues and not just to cases between Resolution members.

This guidance is endorsed by the two leading associations of private investigators, the Association of British Investigators (www.theabi.org.uk)which publishes the Process Servers’ Guide (www.theabi.org.uk/publications) and the Institute of Professional Investigators (www.ipi.org.uk)