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Form FP8: Notice of Change of Solicitor in Family Proceedings (England & Wales)

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Part ofFamily Law UK

Updated June 2026 · England & Wales
Changing solicitor part way through a family case is more common than people think. So is deciding to stop paying for legal representation and carry on alone. Either way, the court and every other party need to be told formally — and that formal notification is made using Form FP8. FP8 is the family court version of a notice of change of solicitor. It is a short procedural form, not an application, which means the court does not need to approve the change. It simply needs to be told, in the right way, so that future correspondence, orders, and hearing notices reach the right address. This guide explains what FP8 is, which of the three scenarios it covers, what the Family Procedure Rules require, and what you need to do step by step. If your situation is more complicated — perhaps the change is happening very close to a hearing, or you are unsure whether you need court permission — a conversation with an experienced legal adviser can help you think it through before you file.

At a glance

  • What FP8 is: a notice of change of solicitor (or notice of acting in person) used in family proceedings in England and Wales under the Family Procedure Rules 2010, Part 26.
  • Three scenarios it covers: (A) replacing one solicitor with another; (B) a party who was acting in person now appointing a solicitor; (C) a party ending solicitor representation to act in person.
  • Not an application — no court approval needed: FP8 is a notification. The court does not approve the change; it records it.
  • Must be both filed and served: the notice must be filed at the court handling the proceedings and served on every other party (and the former solicitor where applicable) — rule 26.2(2).
  • Change only takes effect on filing and service: until FP8 is filed and served, the previous solicitor remains on the record under FPR rule 26.2(5) and correspondence continues to go to them.
  • Address for service required: where a party moves to acting in person, they must provide an address for service within the United Kingdom — rule 26.2(3) and rule 6.26.
  • Current form version: FP8 (01/23), published by HMCTS and available from GOV.UK.
  • Online route for solicitors: law firms registered with MyHMCTS can submit a notice of change electronically through the MyHMCTS portal for eligible case types, including family public law and financial remedy applications.

This guide is for proceedings in England and Wales. Different rules apply in Scotland and Northern Ireland. It is not legal advice.

What is Form FP8?

Form FP8 — formally titled Notice of change of solicitor — is the standard family court form used to notify the court and other parties that the legal representation of one of the parties to proceedings has changed. It is prescribed under Practice Direction 26A and sits alongside Part 26 of the Family Procedure Rules 2010 (FPR Part 26).

The form records the name and contact details of whoever will receive court correspondence after the change: either the incoming solicitor or, where the party is self-representing, the party themselves at their personal address for service. It ensures that orders, hearing notices, and documents from the other side are directed to the right place from that point on.

FP8 is a notice, not an application. The court does not need to approve or grant permission for the change of representation. The requirement is simply to notify in the correct procedural way — by filing and serving the form — and the change then takes legal effect on the court record.

The current version of the form is FP8 (01/23), published by HM Courts & Tribunals Service and available to download as a PDF from the GOV.UK FP8 publication page. A bilingual English/Welsh version is also published on the same page.

The three scenarios FP8 covers

FPR rule 26.2(1) identifies the three distinct situations in which a notice of change must be filed and served. It helps to understand each separately, because the practical question of who files the form differs between them.

Scenario A — changing from one solicitor to another

This is the most common situation. A party who is already represented by Solicitor A instructs Solicitor B to take over. Under rule 26.2(1)(a), a notice of change must be filed and served. In practice, the incoming firm (Solicitor B) typically completes and files FP8, having first confirmed the existing position with the client and the previous firm. The former solicitor (Solicitor A) must also be served with the notice in addition to every other party to the proceedings.

Scenario B — appointing a solicitor for the first time

Where a party has been conducting the proceedings themselves, as a litigant in person, and then appoints a solicitor to act, rule 26.2(1)(b) requires a notice of change. This is sometimes called a notice of acting. The incoming solicitor will ordinarily file and serve the notice, confirming to the court and the other side that the party is now legally represented and providing the solicitor's address as the new address for service.

Note: the rule expressly excludes a solicitor appointed only to act as an advocate at a single hearing. A barrister or solicitor-advocate instructed purely for advocacy on a specific occasion is not treated as acting for the party within the meaning of Part 26 (Practice Direction 26A, para 1.3).

Scenario C — ending solicitor representation to act in person

Where a party has had legal representation throughout but now ends the solicitor's retainer and intends to represent themselves, rule 26.2(1)(c) applies. The requirement to file and serve the notice applies equally, but here the responsibility for filing falls on the party themselves, because they no longer have a solicitor who can do it on their behalf. The party must provide their own address for service within the United Kingdom in the notice — rule 26.2(3) and FPR rule 6.26 — so the court and the other side have a place to send correspondence.

The rule that matters most: what happens if you do not file FP8

FPR rule 26.1 states that where the address for service of a party is the business address of their solicitor, the solicitor is treated as still acting for that party for all purposes in the proceedings. Rule 26.2(5) reinforces this: where a party has changed solicitor or intends to act in person, the former solicitor continues to be treated as the party's solicitor on the court record unless and until a valid notice of change has been both filed at court and served on all required parties.

The practical consequence is that orders, hearing notices, and correspondence from the other side will keep going to the old solicitor, who no longer has any retainer to deal with them. That creates a real risk that the party misses something important — including a court date. Filing FP8 promptly, and correctly, is what switches the record over.

Who must be served

FPR rule 26.2(2)(a) requires the notice to be served on:

  • every other party to the proceedings (always required in all three scenarios); and
  • the former solicitor (required in Scenario A — where a solicitor is being replaced — and Scenario C — where the party is moving to acting in person).

In Scenario B, where the party was previously acting in person, there is no former solicitor to serve.

The notice filed at court must state that service on all required parties has been completed: rule 26.2(4). This declaration is part of the FP8 form itself.

How to file and serve Form FP8

Downloading the form

Download the current FP8 (01/23) PDF from the GOV.UK publication page. The form requires the case number, the names of the parties, the name of the party whose representation is changing, the full details of the new address for service (whether a solicitor's office or the party's own UK address), and a declaration of service.

Filing at court — paper

File the completed form at the court office handling the proceedings. Practice Direction 26A, para 2.6 directs that the notice should be filed in the court office in which the application is proceeding. Keep a stamped or date-marked copy for your own records.

Filing at court — MyHMCTS (for solicitors)

Law firms registered with MyHMCTS can submit a notice of change electronically through the portal for eligible case types — including family public law and financial remedy applications made in the digital service. The HMCTS guidance (updated May 2026) confirms that where a case is managed through MyHMCTS, the online route is required; notices should not be emailed or posted to the court in those cases. Full step-by-step instructions are on the HMCTS MyHMCTS notice of change guidance page.

For cases not covered by MyHMCTS, the HMCTS guidance provides specific email addresses for each case type.

Serving on the other side

After filing, send copies of the notice to every other party (and the former solicitor where required). Serving all parties promptly is essential so that future correspondence, statements, and hearing bundles are directed to the right person without confusion or dispute.

What happens after FP8 is filed and served

Once a valid notice of change has been filed at court and served on all required parties, the change takes effect in the court record. The new solicitor (or the party personally, if acting in person) becomes the address for service for all future correspondence in the proceedings.

If the party moving to acting in person has not yet provided an address for service, the court may need to give directions under FPR rule 6.19 until an address is provided: Practice Direction 26A, para 5.1.

Where a solicitor needs to come off the record but the party is not cooperating with the notice process, FPR rule 26.3 provides a route. The solicitor may apply to court — under FPR Part 18 and supported by evidence — for an order declaring that the solicitor has ceased to act. The court officer then serves the order on every party, and it takes effect on service.

A separate provision — FPR rule 26.4 — allows any other party to apply for an order declaring that a solicitor has ceased to act, where the solicitor has died, become bankrupt, ceased to practise, or cannot be found, and the party concerned has not themselves filed a notice of change.

Timing: when to file, and why earlier is better

FPR Part 26 does not prescribe a specific deadline for filing FP8 beyond the general obligation to notify. In practice, however, late changes in representation create practical difficulties that are worth understanding:

  • A new solicitor needs time to read into the file, take instructions, and prepare for any upcoming hearing. The shorter the gap between taking over and the next hearing date, the less time there is to do this properly.
  • The court has discretion about whether to adjourn a hearing if it is inconvenienced by a late change of representation. There is no automatic right to an adjournment, and where a fixed hearing date has been set, the court may decline to move it.
  • If the change happens close to a financial remedy final hearing or a children's act hearing, the other party may object that the delay causes them prejudice.

The straightforward conclusion is to file FP8 as soon as the decision to change representation is made, not at the last possible moment.

Costs and fee remission

Filing FP8 itself does not normally attract a court fee — it is a notice, not an issue or application. If you are uncertain whether a fee applies in your specific proceedings, check the current civil and family court fees schedule (EX50) or ask the court office directly.

Where you do need to pay a court fee in your case and cost is a concern, you may be eligible for fee remission. Help with fees is available for people on a low income or certain benefits, and you apply using Form EX160, available on GOV.UK.

FP8 and the Family Procedure Rules: the legal framework

The obligation to file and serve a notice of change is statutory. FPR Part 26 — made under the Family Procedure Rules 2010 (SI 2010/2955) — is the source of the relevant duties. The key rules are:

| Rule | What it provides | |------|-----------------| | FPR rule 26.1 | A solicitor whose business address is the party's address for service is treated as still acting until Part 26 procedures are completed | | FPR rule 26.2 | Sets out the three triggering scenarios and the duty on the party and solicitor to file and serve notice; requires a new UK address for service on moving to acting in person | | FPR rule 26.3 | Allows a solicitor to apply for a court order declaring cessation of acting (for uncooperative clients) | | FPR rule 26.4 | Allows another party to apply for a declaration that a solicitor has ceased to act (where the solicitor has died, become bankrupt, ceased to practise, or cannot be found) | | Practice Direction 26A | Supplements Part 26 with procedural detail on the notice, applications under rules 26.3 and 26.4, and address for service requirements |

The FPR 2010 apply to proceedings in the family court and the Family Division of the High Court in England and Wales.

This guide provides general information about Form FP8 and FPR Part 26 as at June 2026. It is not legal advice and does not substitute for advice on your specific circumstances. The law and court forms are subject to change — always check the current version of FP8 on GOV.UK before filing.

Last reviewed: June 2026 · Next review due: June 2027 or on legislative change.

Common questions

Q Who is responsible for filing Form FP8 — the party or the solicitor?
It depends on the scenario. Under FPR rule 26.2(2), both the party and any solicitor acting for them share the duty to file and serve the notice. In practice, where a new solicitor is coming on record, the incoming firm typically handles the filing. Where the party is ending legal representation and continuing alone, the responsibility falls to the party themselves to complete and submit FP8 — and to provide a new address for service within the United Kingdom, as required by rule 26.2(3) and FPR rule 6.26.
Q Does the court need to approve a change of solicitor in family proceedings?
No. FP8 is a notice of change, not an application for permission. Under FPR Part 26, the court does not need to approve the change — it simply needs to be notified. The change takes effect once the notice has been both filed at court and served on every other party and, where applicable, the former solicitor (rule 26.2(2)). Until that happens, the previous solicitor remains on the record as the party's legal representative under rule 26.1.
Q What happens if I just instruct a new solicitor without filing FP8?
Under FPR rule 26.2(5), where a party has changed solicitor or intends to act in person, the former solicitor continues to be treated as the party's solicitor on the court record until a valid notice of change is filed and served. That means documents, orders, and hearing notices will keep going to the old solicitor. Filing FP8 — and serving it correctly — is what switches the record over. If you instruct a new solicitor, the incoming firm should file FP8 promptly to avoid correspondence going astray.
Q Who must be served with Form FP8?
Rule 26.2(2)(a) requires notice to be served on every other party to the proceedings. Where the change involves replacing an existing solicitor (scenario A) or moving to acting in person (scenario C), the former solicitor must also be served. The party filing the notice must then state in the copy filed at court that service on all required parties has been carried out, as required by rule 26.2(4).
Q Can I change solicitor just before a final hearing?
You can, but it carries practical risks. A new solicitor needs time to read the file and prepare properly, and the court may be reluctant to adjourn a fixed hearing simply because representation has changed. Where possible, make the change early enough for the incoming firm to be fully ready. If you are close to a hearing and uncertain, it is worth thinking the timing through carefully — and getting advice — before filing.
Q What is the difference between FP8 and Form N434?
Form FP8 is specific to family proceedings governed by the Family Procedure Rules 2010. Form N434 is the equivalent notice of change of legal representative used in civil proceedings in the County Court and High Court, governed by the Civil Procedure Rules. If your case is in the family court, you need FP8. If it is a civil matter, you need N434. Using the wrong form for the wrong jurisdiction can cause avoidable delay.
Q What if a solicitor needs to come off the record but the party is not cooperating?
FPR rule 26.3 provides a route for a solicitor to apply to court for an order declaring that the solicitor has ceased to act. The application must be supported by evidence and is made under Part 18. The court then serves the order on all parties, and it takes effect from service. Separately, rule 26.4 allows any other party to apply for an order declaring that a solicitor has ceased to act where the solicitor has died, become bankrupt, ceased to practise, or cannot be found — and the party has not themselves filed a notice of change.
Q Is there a fee for filing Form FP8?
Form FP8 itself does not typically attract a court fee — it is a notice, not an application. If you are uncertain, check the current fee schedule at GOV.UK or ask the court office. If cost is a concern for any court fee in your case, help with fees may be available for those on a low income or certain benefits: apply using Form EX160, available on GOV.UK.

Sources

This guide is based on primary UK law and official guidance.

Brad Askew, Solicitor (non-practising)

Written & reviewed by

Brad Askew Solicitor (non-practising)

Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.

Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.