The Matrimonial Causes Fees Order (Northern Ireland) 1996

Made: 14th March 1996

Coming into operation: 1st April 1996

The Lord Chancellor, in exercise of the powers conferred on him by section 116(1) and (4) of the Judicature (Northern Ireland) Act 1978[^f00001], after consultation with the Lord Chief Justice and with the concurrence of the Treasury, hereby makes the following Order:—

Citation and commencement

1

This Order may be cited as the Matrimonial Causes Fees Order (Northern Ireland) 1996 and shall come into operation on 1st April 1996.

Interpretation

2

In this Order—

• (a) expressions used in the Matrimonial Causes Rules (Northern Ireland) 1981[^f00002], have the same meaning as in those Rules;

• (b) a rule referred to by number means the rule so numbered in the Matrimonial Causes Rules (Northern Ireland) 1981;

• (c) “the County Court Fees Order” means the County Court Fees Order (Northern Ireland) 1996[^f00003]; and

• (d) Schedules 1 and 2 mean Schedules 1 and 2 respectively to this Order.

Revocation

3

The Orders specified in Schedule 2 are hereby revoked.

Fees payable in all matrimonial proceedings

4

• (1) The fees set out in column 2 of Schedule 1 shall be payable in all matrimonial proceedings, whether in the High Court or a divorce county court, in respect of the items set out in column 1 of that Schedule.

• (2) If any question arises with regard to the payment of a fee, the proper officer or the chief clerk, as the case may be, may report the matter to the Lord Chancellor and obtain his directions thereon.

• (3) Where it appears to the Lord Chancellor that the payment of any fee specified in Schedule 1 would, owing to the exceptional circumstances of the particular case, involve undue hardship, he may reduce or remit the fee in that case.

Manner in which fees are to be taken

5

• (1) Subject to Article 7 the fees prescribed in Schedule 1 shall be taken in cash.

• (2) Payment of the appropriate court fee shall be endorsed on the relevant document (that is, the document indicated in column 3 of Schedule 1 by mechanical means or, where this means is not available, the person to whom the fee is paid shall endorse the relevant document by writing thereon the amount and date of payment and shall sign the endorsement.

• (3) Where fees are payable under this Order in respect of any item and there is no document in reference to that item on which an endorsement can be made, the person requesting the action to which the item relates shall make the request by a requisition or note in writing which shall be endorsed as to payment of the appropriate fee in accordance with paragraph (2).

Application of fees

6

All fees received by virtue of Schedule 1 shall, unless otherwise appropriated in aid, be paid into the Consolidated Fund.

Disapplication of county court fees

7

Fees numbered 5, 14, 17, 21, 23, 26 and 27 in Section 1 of Schedule 1 to the County Court Fees Order shall not apply to matrimonial proceedings in a divorce county court.

SCHEDULE 1 — Fees to be taken in all Matrimonial Proceedings

Commencement of Proceedings

1

On sealing an originating summons—

2

On presenting any petition other than a second petition presented with leave granted under rule 10(3)—

• (a) When the petition is presented to the the High Court

Applications for Ancillary Relief

3

On filing a notice of application for ancillary relief

Application concerning Children

4

On an application for an order relating to the custody or education, access, committal to care of, or provision of supervision for, a child, except where the application is for an order by consent

Other Applications in Proceedings

5

On any application in matrimonial proceedings, except where it is otherwise provided for in this Schedule, or is for an order by consent, made

• (i) to a master or registrar

Writs of Subpoena and Witness Summonses

6

On sealing a writ of subpoena or issuing a witness summons, per person

Copies of documents

7

• (i) Personal Applications

• (a) for a copy of all or part of any document, issued as an office copy, for each page

Searches and Inspections

8

On a search (including inspection)

9

• (i) For an official certificate of the result of a search in any index

Miscellaneous

10

For signing, settling or approving an advertisement

Appeals

11

On filing a notice of appeal from a registrar to a judge in chambers

12

On entering any appeal (including an interlocutory appeal) to the Court of Appeal

Taxation

13

On the taxation of a bill of costs:

14

On withdrawal of a bill of costs which has been lodged for taxation

Enforcement

15

On any application for enforcement of a matrimonial order

SCHEDULE 2 — Orders Revoked

Signed

Mackay of Clashfern, C. — Dated 11th March 1996

We concur

Derek Conway — Simon Burns — Two of the Lords Commissioners of Her Majesty’s Treasury — Dated 14th March 1996

Explanatory note

(This note is not part of the Order.)

This Order revokes and replaces the Matrimonial Causes Fees Order (Northern Ireland) 1991 (as amended) to:

• (a) increase the majority of fees to be taken in matrimonial proceedings, whether in the High Court or a divorce county court;

• (b) restructure the fees in relation to copies of documents; and

• (c) introduce a new fee in relation to a postal application for a search.

Footnotes

[^f00001]: 1978 c. 23

[^f00002]: S.R. 1981 No. 184; as amended by S.R. 1989 No. 246

[^f00003]: S.R. 1996 No. 103