The Family Proceedings Rules (Northern Ireland) 1996

[^f00163]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00164]: Words substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00165]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00166]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00167]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00168]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00169]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00170]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00171]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00172]: Paragraph substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00173]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00174]: Words substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00175]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00176]: Paragraph substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00177]: Words substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00178]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00179]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00180]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00181]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00182]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00183]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00184]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00185]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00186]: Paragraph inserted by S.R. 2005 No. 497 with effect from 01.12.05

[^f00187]: 1969 c. 58

[^f00188]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00189]: Word omitted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00190]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00191]: Word substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00192]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00193]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00194]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00195]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00196]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00197]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00198]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00199]: Word omitted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00200]: Paragraph inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00201]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00202]: Paragraph substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00203]: Rules inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00204]: Sub-paragraph inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00205]: Sub-paragraph added by S.R. 2000 No. 329 with effect from 1.12.00

[^f00206]: Words inserted by S.R. 2011 No. 243 with effect from 25.07.11

[^f00207]: Words substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00208]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00209]: Words substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00210]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00211]: Paragraph substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00212]: Words substituted by S.R. 2005 No. 497 with effect from 05.11.05

[^f00213]: Words substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00214]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00215]: Paragraph inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00216]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00218]: Words substituted by S.R. 2000 No. 329 with effect from 1.12.00

[^f00219]: Number inserted by S.R. 2011 No. 243 with effect from 25.07.11

[^f00220]: Sub-paragraph substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00221]: Sub-paragraph substituted by S.R. 2011 No. 243 with effect from 25 07.11

[^f00222]: Rule 2.73 substituted by S.R. 2000 No. 329 with effect from 1.12.00

[^f00223]: Paragraph substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00224]: S.R. 2000 No. 142

[^f00225]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00226]: S.R. 2000 No. 142

[^f00227]: S.R. 1997 No. 98, the relevant amending instruments are S.R. 1997 No. 160 and S.R. 1999 No. 486

[^f00228]: S.R. 1996 No. 619

[^f00229]: 1993 c. 49; Section 89A was inserted by Article 149 of the Pensions (Northern Ireland) Order 1995 (S I. 1995/3213 (N.I. 22), and is amended by paragraph 23 of Schedule 9 to the Welfare Reform and Pensions (Northern Ireland) Order 1999. Section 90 was amended by Article 150 of the Pensions (Northern Ireland) Order 1995 and paragraph 24 of Schedule 9 to the Welfare Reform and Pensions (Northern Ireland) Order 1999

[^f00230]: S.R. 1987 No. 288

[^f00231]: Words substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00232]: S.R. 2000 No. 210

[^f00233]: S.R. 2005 No. 484

[^f00234]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00235]: Words substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00236]: Words omitted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00237]: Words substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00238]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00239]: Paragraph substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00240]: Words substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00241]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00242]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00243]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00244]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00245]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00246]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00247]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00248]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00249]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00250]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00251]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00252]: Word omitted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00253]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00254]: Words substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00255]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00256]: Sub-paragraph substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00257]: Sub-paragraph substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00258]: Paragraph substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00259]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00260]: Word omitted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00261]: Sub-paragraph inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00262]: Rule inserted by S.R. 2006 No. 304 with effect from 01.08.06

[^f00263]: S.R. 2005 No. 129 as amended by S.R. 2005 No. 357, S.R. 2005 No. 381 and S.R. 2006 No. 14

[^f00264]: Rule 2.73B inserted by S.R. 2011 No. 243 with effect from 25.07.11

[^f00265]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00266]: Words substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00267]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00268]: Word substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00269]: Words substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00270]: Words substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00271]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00272]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00273]: Words substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00274]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00275]: Sub-paragraph substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00276]: Words substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00277]: S.I. 1979/924 (N.I. 8)

[^f00278]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00279]: Word inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00280]: Rule 3.9 substituted by S.R. 1999 No. 88 with effect from 29.3.99

[^f00281]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00282]: Words substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00283]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00284]: Rule inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00285]: S.R. 2005 No. 498

[^f00286]: Words substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00287]: Words substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00288]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00289]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00290]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00291]: Words substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00292]: Words omitted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00293]: Paragraph inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00294]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00295]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00296]: Sub-paragraph substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00297]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00298]: Sub-paragraph substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00299]: Punctuation substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00300]: Sub-paragraph inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00301]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00302]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00303]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00304]: Words omitted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00305]: Words omitted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00306]: Words substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00307]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00308]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00309]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00310]: S.I. 1998/1071 (N.I. 6)

[^f00311]: Words omitted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00312]: Paragraph inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00313]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00314]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00315]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00316]: New Rules inserted by S.R. 1999 No. 88 with effect from 29.3.99

[^f00317]: S.I. 1998/1071 (N.I. 6)

[^f00318]: New Rules inserted by S.R. 2002 No. 137 with effect from 6.5.02

[^f00319]: S.I. 1989/677 (N.I. 6) Article 31B was inserted by section 66 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4)

[^f00320]: S.I. 1991/2628 (N.I. 23) Article 28 was substituted by section 66(5) of, and paragraph 6 or Schedule 8 to, the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4)

[^f00321]: Word substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00322]: Word substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00323]: Rule inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00324]: New Rule 3.40 to 3.46 inserted by S.R. 2008 No. 466 with effect from 22.12.08

[^f00325]: Rules 3.47 - 3.52 inserted by S.R. 2010 No. 379 with effect from 20.12.10

[^f00326]: S.R. 1996 No. 300

[^f00327]: Words substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00328]: Heads substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00329]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00330]: Paragraph substituted by S.R. 2008 No. 24 with effect from 25.02.08

[^f00331]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00332]: Paragraph (7) inserted by S.R. 2005 No. 144 with effect from 18.04.05

[^f00333]: Rule 4.25 substituted, Rule 4.25A inserted by S.R. 1999 No. 88 with effect from 29.3.99

[^f00334]: Rules 4.28 — 4.39 substituted by S.R. 2011 No. 64 effect from 25.03.11

[^f00335]: New rules 4A.1 to 4C. 8 inserted by S.R. 2003 No. 75 with effect from 1.6.03

[^f00336]: 1976 c. 36

[^f00337]: 1978 c. 28

[^f00338]: S.I. 1987/2003 (N.I. 22) as amended by S.I. 1994/429 (N.I. 2), S.I. 1995/755 (N.I. 2) and 2001 c. 11 (N.I.)

[^f00339]: Section 2(3) of the Adoption (lntercountry Aspects) Act (Northern Ireland) 2001 c. 11 (N.I.) provides that a registered adoption society is an accredited body for the purposes of the Convention if its registration extends to the provision of facilities in respect of Convention adoptions and adoptions effected by Convention adoption orders

[^f00340]: The term “Convention country” is defined in Article 2(2) of the Order of 1987, as amended by section 6 of the Adoption (Intercountry Aspects) Act (Northern Ireland) 2001

[^f00341]: The terms “Convention adoption order” and “Convention adoption” are defined in Article 2(2) of the 1987 Order, as amended by section 6 of the Adoption (lntercountry Aspects) Act (Northern Ireland) 2001

[^f00342]: S.R. 2003 No. 16

[^f00343]: S.I. 1972/1265 (N.I. 11)

[^f00344]: 1955 c. 18

[^f00345]: 1955 c. 19

[^f00346]: Article 55A was inserted into the Order of 1987 by virtue of section 5 of the Adoption (lntercountry Aspects) Act (Northern Ireland) 2001

[^f00347]: Article 40(3A) was inserted into the Order of 1987 by virtue of section 4(3) of the Adoption (Intercountry Aspects) Act (Northern Ireland) 2001

[^f00348]: Article 16A was inserted into the Order of 1987 by section 3 of the Adoption (Intercountry Aspects) Act (Northern Ireland) 2001

[^f00349]: 1978 c. 23

[^f00350]: 1978 c. 23

[^f00351]: New Rule inserted by S.R. 2008 No. 259 with effect from 05.09.08

[^f00352]: Words substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00353]: S.I. 1978/1045 (N.I. 15) as amended by Article 185(1) and paragraph 96 of Schedule 9 to the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2))

[^f00354]: Words inserted by S.R. 1999 No. 88 with effect from 29.3.99

[^f00355]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00356]: Words substituted by S.R. 2008 No. 466 with effect from 22.12.08

[^f00357]: New Rule inserted by S.R. 1999 No. 88 with effect from 29.3.99

[^f00358]: S.I. 1986/595 (N.I. 4)

[^f00359]: Rule inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00360]: S.I. 1986/595 (N.I. 4)

[^f00361]: New paragraph inserted by S.R. 1999 No. 88 with effect from 29.3.99

[^f00362]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00363]: Paragraph inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00364]: 1986 No. 595 (N.I. 4)

[^f00365]: New paragraph inserted by S.R. 1999 No. 88 with effect from 29.3.99

[^f00366]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00367]: Rule 7.8A inserted by S.R. 2007 No. 324 with effect from 05.09.07

[^f00368]: Words substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00369]: Words substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00370]: S.R. 1992 No. 339

[^f00371]: Rule inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00372]: Words substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00373]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00374]: Words substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00375]: Definition inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00376]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00377]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00378]: S.I. 1986/1032 (N.I. 6)

[^f00379]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00380]: Words substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00381]: S.I. 1981/226 (N.I. 6)

[^f00382]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00383]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00384]: Words substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00385]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00386]: Rules 8.33 - 8.63 substituted by S.R. 2011 No. 64 with effect from 25.03.11

[^f00387]: Rules 8.64 - 8.68 inserted by S.R. 2011 No. 64 with effect from 25.03.11

[^f00388]: Form inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00389]: Form inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00390]: Heading substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00391]: Form inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00392]: Form inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00393]: Form inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00394]: Form inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00395]: New Forms F10-F17 inserted by S.R. 2008 No. 466 with effect from 22.12.08

[^f00396]: Heading and Forms inserted by S.R. 2010 No. 379 with effect from 20.12.10

[^f00397]: Form inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00398]: New Form inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00399]: Form substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00400]: Form inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00401]: Form inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00402]: Form inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00403]: New Forms inserted by S.R. 2002 No. 137 with effect from 6.5.02

[^f00404]: Form inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00405]: Form C4 substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00406]: Form F2 substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00407]: New Forms F10-F17 inserted by S.R. 2008 No. 466 with effect from 22.12.08

[^f00408]: New Forms inserted by S.R. 2003 No. 75 with effect from 1.6.03

[^f00409]: Forms CS1 and CS2 inserted by S.R. 2010 No. 379 with effect from 20.12.10

[^f00410]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00411]: Sub-paragraph substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00412]: Sub-paragraph substituted by S.R. 2005 No. 558 with effect from 06 01.06

[^f00415]: Sub-paragraph substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00416]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00417]: Sub-paragraph inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00418]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00419]: Words substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00420]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00421]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00422]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00423]: Sub-paragraph inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00424]: Sub-paragraph substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00425]: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00426]: Sub-paragraph inserted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00427]: Paragraph substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00428]: Paragraph substituted by S.R. 2005 No. 497 with effect from 05.12.05

[^f00429]: Words inserted by S.R. 2002 No. 137 with effect from 6.05.02

[^f00430]: Words inserted by S.R. 2011 No. 243 with effect from 25.07.11

[^f00431]: New Appendix 4 inserted by S.R. 2003 No. 75 with effect from 1.6.03

[^f00432]: S.I. 1986/594 (N.I. 3)

[^f00433]: S.I. 1977/1251

[^f00434]: 1976 c. 36

[^f00435]: 1978 c. 28

[^f00436]: S.I. 1987/2203 (N.I. 22)

[^f00437]: S.R. 2003 No. 16

1.1

These Rules may be cited as the Family Proceedings Rules (Northern Ireland) 1996 and shall come into operation on 4th November 1996.

1.2

• (1) Subject to paragraph (2) the rules specified in paragraph (3) are hereby revoked.

• (2) Nothing in these rules shall affect any proceedings which are pending (within the meaning of paragraph 1 of Schedule 8 to the Order of 1995) immediately before these rules come into operation and the rules in operation immediately before that day shall continue to apply to those proceedings.

• (3) The rules referred to in paragraph (1) are—

• the Matrimonial Causes Rules (Northern Ireland) 1981[^f00031];

• the Matrimonial Causes (Amendment) Rules (Northern Ireland) 1989[^f00032] and

• the Matrimonial Causes (Amendment) Rules (Northern Ireland) 1993[^f00033].

1.3

• (1) In these Rules, unless the context otherwise requires—

• “the Order of 1978” means the Matrimonial Causes (Northern Ireland) Order 1978[^f00034];

• “the Order of 1989” means the Matrimonial and Family Proceedings (Northern Ireland) Order 1989[^f00035];

• “the Order of 1991” means the Child Support (Northern Ireland) Order 1991[^f00036];

• “the Order of 1995” means the Children (Northern Ireland) Order 1995[^f00037];

• [[^f00038] “the Order of 1998” means the Family Homes and Domestic Violence (Northern Ireland) Order 1998[^f00039]; and

• “the Allocation Order of 1999” means the Family Homes and Domestic Violence (Allocation of Proceedings) Order (Northern Ireland) 1999[^f00040];]

• [[^f00041] “the Allocation Order of 2002” means the Declarations of Parentage (Allocation of Proceedings) Order (Northern Ireland) 2002[^f00042];]

• [[^f00043] “the Order of 1999” means the Welfare Reform and Pensions (Northern Ireland) Order 1999[^f00044];]

• [[^f00045] “the Act of 2004” means the Civil Partnership Act 2004[^f00046]]

• [[^f00047] “the Act of 2007” means the Forced Marriage (Civil Protection) Act 2007;]

• “ancillary relief” means—an avoidance of disposition order,a financial provision order,an order for maintenance pending suit,[[^f00045] an order for maintenance pending outcome of proceedings,]a property adjustment order, [[^f00048]...]a variation order [[^f00049], [^f00050]...]a sharing order; [[^f00051]ora pension compensation sharing order]

• [“avoidance of disposition order” means—in matrimonial proceedings, an order under Article 39(2)(b) or (c) of the Order of 1978, andin civil partnership proceedings, an order under paragraph 67(3) or (4) of Schedule 15 to the Act of 2004;[^f00052]]

• “Board” means [[^f00053] subject to Part IVB] a Health and Social Services Board;

• “business day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday which is, or is to be observed as, a bank holiday in Northern Ireland under the Banking and Financial Dealings Act 1971[^f00054];

• [“cause” means—a matrimonial cause under the Order of 1978, ora civil partnership cause under the Act of 2004; [^f00052]]

• “certificate of readiness” means a certificate under rule 2.28;

• ...

• [“child”, except in Part IV or Part IVB, in relation to one or both of the parties to a marriage or civil partnership, includes an illegitimate child of that party or, as the case may be, of both parties;

• “child of the family” has, except in Part IV or Part IVB, the meaning assigned to it by Article 2(2) of the Order of 1995;[^f00052]]

• [“civil partnership cause” has the meaning assigned to it by section 190(3) of the Act of 2004;

• “civil partnership order” means one of the orders mentioned in section 161 of the Act of 2004;

• “civil partnership proceedings” means any proceedings under the Act of 2004;

• ...

• [“consent order” means—in matrimonial proceedings, an order under Article 35A of the Order of 1978, andin civil partnership proceedings, an order under paragraph 59 of Schedule 15 to the Act of 2004;[^f00056]]

• [...]

• ...

• “county court office” means the office of the chief clerk ...;

• “court” means the judge or the Master;

• “defended cause” means a cause not being an undefended cause;

• “Department” means the Department of Health and Social Services;

• ...

• ...

• “document exchange” means any document exchange for the time being approved by the Lord Chancellor;

• “family proceedings” means any proceedings with respect to which rules may be made under Article 12 of the Family Law (Northern Ireland) Order 1993;

• [“financial provision order” means—in matrimonial proceedings, any of the orders mentioned in Article 23(1) of the Order of 1978 except an order under Article 29(6) of that Order, andin civil partnership proceedings, any of the orders mentioned in paragraph 2(1) of Schedule 15 to the Act of 2004, made under Part I of Schedule 15 to that Act;[^f00059]]

• [“financial relief” has—in matrimonial proceedings, the meaning assigned to it by Article 39 of the Order of 1978, andin civil partnership proceedings, the meaning assigned to it by paragraph 67 of Schedule 15 to the Act of 2004;[^f00059]]

• [“the 1996 Hague Convention” means the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children that was signed at The Hague on 19 October 1996;]

• “judge” means—in relation to proceedings in the High Court, a judge of the High Court; andin relation to proceedings in a county court, a county court judge;

• [“Master” means—in relation to proceedings in the High Court, the Master (High Court) or the Master (Care and Protection) as the case may be; andin relation to proceedings in a county court, a district judge;[^f00061]]

• [“Matrimonial cause” has the meaning assigned to it by Article 48(11) of the Order of 1978;[^f00062]]

• “Matrimonial Office” means the Probate and Matrimonial Office of the Supreme Court of Judicature of Northern Ireland;

• “matrimonial proceedings” means subject to rule 2.4 any proceedings under the Order of 1978;

• ...

• “notice of intention to defend” has the meaning assigned to it by rule 2.11;

• “Office of Care and Protection” means the Office of Care and Protection of the Supreme Court of Judicature of Northern Ireland;

• [“order for maintenance pending outcome of proceedings” means an order under paragraph 33 of Schedule 15 to the Act of 2004; [^f00062]]

• “person named” includes a person described as “passing under the name of A.B.”;

• [“the President of Gender Recognition Panels” means the office in paragraph 2(1) of Schedule 1 to the Gender Recognition Act 2004; [^f00062]]

• “proper officer” means the proper officer of the High Court;

• [“property adjustment order” means—in matrimonial proceedings, any of the orders mentioned in Article 26(1) of the Order of 1978, andin civil partnership proceedings, any of the orders mentioned in paragraph 7(1) of Schedule 15 to the Act of 2004; [^f00063]]

• “sealed copy” means a copy examined against the original, marked as examined by the examining officer and sealed with the appropriate seal;

• “taxing master” means—in relation to in the High Court, the Master (Taxing Office); andin relation to proceedings in a county court, a district judge;

• “Trust” means a Health and Social Services Trust by whom a function is exercisable by virtue of an authorisation for the time being in operation under Article 3(1) of the Health and Personal Social Services (Northern Ireland) Order 1994[^f00064];

• “undefended cause” means—in the case of an application under Article 16 of the Order of 1978, a cause in which the respondent has not given notice of intention to defend within the time limited, orin any other case—a cause in which no answer has been filed or any answer filed has been struck out, ora cause which is proceeding only on the respondent’s answer and in which no reply or answer to the respondent’s answer has been filed or any such reply or answer has been struck out, ora cause to which rule 2.14(3) applies and in which no notice has been given under that rule or any notice so given has been withdrawn, ora cause in which an answer has been filed claiming relief but in which no pleading has been filed opposing the granting of a decree [[^f00065] or civil partnership order, as the case may be,] on the petition or answer or any pleading or part of a pleading opposing the granting of a decree [or civil partnership order[^f00065]];

• [“variation order” means—in matrimonial proceedings, an order under Article 33 of the Order of 1978, andin civil partnership proceedings, an order under Part 10 of Schedule 15 to the Act of 2004; [^f00063]]

• (2) Unless the context otherwise requires, a cause may be treated as pending for the purpose of these Rules notwithstanding that a final [decree, civil partnership order or other order has been pronounced or made on the petition, or it has been otherwise finally disposed of.[^f00066]]

• (3) In these Rules a form referred to by number means the form so numbered in Appendix I or a form substantially to the like effect, with such variations as the circumstances of the particular case may require.

• (4) In these Rules any reference to an Order and rule is—

• (a) if prefixed by the letters “R.S.C.”, a reference to that Order and rule in the Rules of the Supreme Court (Northern Ireland) 1980[^f00067], and

• (b) if prefixed by the letters “C.C.R”, a reference to that Order and rule in the County Court Rules (Northern Ireland) 1981[^f00068].

• (5) Unless the context otherwise requires, any reference in these Rules to any rule or statutory provision shall be construed as a reference to that rule or statutory provision as amended, extended or applied by any other rule or statutory provision.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) In these Rules—

• (a) a reference to a conditional order is a reference to an order made under Chapter 2 of Part 4 of the Act of 2004 of a kind mentioned in [section 161(1)(a) or (b) [^f00070]] of that Act which has not been made final; and

• (b) a reference to a final order is a reference to such an order which has been made final.[^f00069]]

1.4

• (1) Subject to the provisions of these Rules and of any statutory provision, the Rules of the Supreme Court (Northern Ireland) 1980 and the County Court Rules (Northern Ireland) 1981 other than C.C.R. Order 25, rule 20 (which deals with a new hearing and rehearing) shall apply with the necessary modifications to the commencement of family proceedings in, and to the practice and procedure in family proceedings pending in, the High Court and a county court respectively.

• (2) For the purpose of paragraph (1) any provision of these Rules authorising or requiring anything to be done in family proceedings shall be treated as if it were, in the case of proceedings pending in the High Court, a provision of the Rules of the Supreme Court (Northern Ireland) 1980 and in the case of proceedings pending in a county court, a provision of the County Court Rules (Northern Ireland) 1981.

PART II — MATRIMONIAL CAUSES [ AND CIVIL PARTNERSHIP CAUSES] PETITION, PLEADINGS AND AMENDMENT

Application for leave to present a petition for nullity

2.1

• (1) An application under Article 16(4) of the Order of 1978 [or under section 175(3) of the Act of 2004[^f00071]] for leave to institute proceedings for a decree of nullity [of or civil partnership[^f00071]] after the expiration of 3 years from the date of the marriage [or formation of the civil partnership[^f00071]] shall be made to the court in which the applicant wishes to present the petition, by originating summons in Form M1.

• (2) There shall be filed in support of the summons an affidavit by the applicant exhibiting a copy of the proposed petition and (unless otherwise directed by the court on an application made ex parte) a certificate of the marriage [or civil partnership[^f00072]] and stating—

• (a) the grounds of the application;

• (b) whether there has been any previous application under Article 16(4) of the Order of 1978 [or section 175(3) of the Act of 2004[^f00072]];

• (c) the date of birth of each of the parties.

• (3) When the summons is issued it shall be made returnable for a fixed date before the judge in chambers.

• (4) Unless the court otherwise directs, the summons shall be served on the respondent at least 14 clear days before the return date.

• (5) The respondent may be heard without filing an affidavit.

• (6) This Part of these Rules shall, so far as applicable, apply with the necessary modifications, to the application as if the originating summons were a petition and the applicant a petitioner.

Discontinuance before service of petition

2.2

Before a petition is served on any person, the petitioner may file a notice of discontinuance and the cause shall thereupon stand dismissed.

Cause to be begun by petition

2.3

• (1) Every cause other than an application under Article 16(4) of the Order of 1978 [or under section 175(3) of the Act of 2004[^f00072]] shall be begun by petition.

• (2) Where a petition for divorce, nullity [of marriage[^f00072]] or judicial separation [or for dissolution, nullity of civil partnership or separation,[^f00072]] discloses that there is a minor child of the family who is under the age of 16 years or who is over that age and is receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, the petition shall be accompanied by a statement signed by the petitioner personally containing the information required by Form M4, to which shall be attached a copy of any medical report mentioned therein.

Contents of petition

2.4

• (1) Unless the court otherwise directs, every petition shall contain the information required by Appendix 2.

• (2) A petitioner who, in reliance on section 7 or 8 of the Civil Evidence Act (Northern Ireland) 1971[^f00073], intends to adduce evidence that a person—

• (a) was convicted of an offence by or before a court in the United Kingdom or by a court-martial there or elsewhere, or

• (b) was found guilty of adultery in matrimonial proceedings or was found or adjudged to be the father of a child in relevant proceedings before a court in the United Kingdom,

must include in his petition a statement of his intention with particulars of—

• (i) the conviction, finding or adjudication and the date thereof,

• (ii) the court or court-martial which made the conviction, finding or adjudication and, in the case of a finding or adjudication the proceedings in which it was made, and

• (iii) the issue in the proceedings to which the conviction, finding or adjudication is relevant.

• (3) In this rule “matrimonial proceedings” and “relevant proceedings” have the same meaning as in section 8(5) of the Civil Evidence Act (Northern Ireland) 1971.

Signing of petition

2.5

Every petition shall be signed by counsel if settled by him or, if not, by the petitioner’s solicitor in his own name or the name of his firm, or by the petitioner if he sues in person.

Presentation of petition

2.6

• (1) A petition may be presented—

• (a) in a matrimonial cause, to the High Court or [...[^f00074]] to the county court, and

• (b) in a civil partnership cause, to the High Court or [...[^f00074]] to the county court.[^f00075]]

• (2) Unless the court otherwise directs on an application made ex parte, a certificate of the marriage [or civil partnership[^f00076]] to which the cause relates together with the certificates of birth of any child of the family under the age of 18 shall be filed with the petition.

• (3) [In a matrimonial cause, where[^f00077]] there is before the court a petition which has not been dismissed or otherwise [finally disposed of[^f00077]], another petition by the same petitioner in respect of the same marriage shall not be presented without leave granted on an application made in the pending proceedings:

Provided that no such leave shall be required where it is proposed, after the expiration of the period of 2 years from the date of the marriage, to present a petition for divorce alleging such of the facts mentioned in Article 3(2) of the Order of 1978 as were alleged in a petition for judicial separation presented before the expiration of that period.

• (3A) In a civil partnership cause, where there is before the court a petition which has not been dismissed or otherwise finally disposed of, another petition by the same petitioner in respect of the same civil partnership shall not be presented without leave granted on an application made in the pending proceedings:

Provided that no such leave shall be required where it is proposed, after the expiration of the period of 2 years from the date of the civil partnership, to present a petition for dissolution alleging such of the facts mentioned in section 168(5) of the Act of 2004 as were alleged in a petition for separation presented before the expiration of that period.[^f00078]]

• (4) Subject to paragraph (5), the petition shall be presented by filing it in the Matrimonial Office together with a notice—

• (i) in a matrimonial cause, in Form M5 with Form M6 attached, and

• (ii) in a civil partnership cause, in Form M5A with Form M6A attached,[^f00079]]

addressed to the respondent and any co-respondent together with any statement and report required by rule 2.3(2).

• (5) The petition and other documents specified in paragraph (4) may be presented at any county court office ..., for transmission to the Matrimonial Office for filing.

• (6) C.C.R. Order 6, rule 10 (which deals with the service of petitions) shall not apply but on the filing of the petition the Master shall—

• (a) affix thereto the seal of the Matrimonial Office,

• (b) enter the cause in the appropriate records, and

• (c) annex to every copy of the petition for service a notice in Form M5 with Form M6 attached or in Form M5A with Form M6A attached, as the case may be,

and shall also annex to the copy petition for service on a respondent the copy of any statement and report filed pursuant to paragraph (4) of this rule.[^f00080]]

[ Petition for nullity on ground of issue of interim gender recognition certificate

2.6A

• (1) This rule applies to a petition—

• (a) for nullity of marriage under Article 14(g) of, or paragraph 18(1)(e) of Schedule 3 to, the Order of 1978, and

• (b) for nullity of civil partnership under section 174(1)(d) of the Act of 2004.

• (2) The petitioner shall file with his petition a copy of an interim gender recognition certificate issued to him or to the respondent, as the case may be, unless otherwise directed on an application made ex parte.

• (3) The proper officer or chief clerk, as the case may be, shall give notice in writing to the Secretary of State of a petition to which this rule applies when it is presented under rule 2.6.

• (4) A notice in writing under paragraph (3) shall state the names of the parties to the petition, its case number and the court in which it is pending.

• (5) Where a copy of an interim gender recognition certificate has been filed under paragraph (2), the notice given under paragraph (3) shall be accompanied by a copy of that certificate.

• (6) Where a copy of the certificate has not been filed under paragraph (2), the notice given under paragraph (3) shall also state—

• (a) in a matrimonial cause—

• (i) the names of the parties to the marriage and the date and place of the marriage, and

• (ii) the last address at which the parties to the marriage lived together as husband and wife;

• (b) in a civil partnership cause—

• (i) the names of the parties to the civil partnership and the date on and place at which the civil partnership was formed, and

• (ii) the last address at which the parties to the civil partnership lived together as civil partners of each other, and

• (c) in any case, such further particulars as the proper officer or chief clerk, as the case may be, considers appropriate.

Petition for nullity on ground that respondent’s gender had become acquired gender at time of marriage or civil partnership

2.6B

Where a petition for nullity of marriage is brought under Article 14(h) of the Order of 1978 or a petition for nullity of civil partnership is brought under section 174(1)(e) of the Act of 2004 and a full gender recognition certificate has been issued to the respondent, the petitioner shall file a copy of that full certificate with his petition, unless otherwise directed on an application made ex parte.]

Conciliation

2.7

• (1) Where—

• (a) a petition for divorce, nullity of marriage or judicial separation [[^f00082], or for dissolution, nullity of civil partnership or separation,] has been presented and service on the respondent of the petition has been effected or dispensed with, and

• (b) there are children of the family to whom Article 44 of the Order of 1978 [[^f00083] or section 186 of the Act of 2004] applies;

the Master shall inform the Department with a view to a reference to a suitably qualified person (hereinafter called “the conciliator”) to consider the possibility of conciliating the parties to the marriage [[^f00084] or civil partnership].

• (2) Where a reference is made under this rule the conciliator, subject to the approval of the Master, may inspect the court file.

• (3) This rule shall not prejudice the right of any party to lodge a certificate of readiness.

Parties

2.8

• (1) Subject to paragraph (2), where a petition alleges that the respondent has committed adultery, the person with whom the adultery is alleged to have been committed shall be made a co-respondent in the cause unless—

• (a) that person is not named in the petition and, if the adultery is relied on for the purpose of Article 3(2)(a) of the Order of 1978, the petition contains a statement that his or her identity is not known to the petitioner, or

• (b) the court otherwise directs.

• (2) Where a petition alleges that the respondent has been guilty of rape upon a person named, then, notwithstanding anything in paragraph (1), that person shall not be made a co-respondent in the cause unless the court so directs.

• (3) Where a petition alleges that the respondent has been guilty of improper conduct (other than adultery) with a person named, the court may direct that the person named be made a co-respondent in the cause, and for that purpose the Master may cause notice to be given to the petitioner and to any other party who has given notice of intention to defend of a date and time when the court will consider giving such a direction.

• (4) An application for directions under paragraph (1) may be made ex parte if no notice of intention to defend has been given.

• (5) Paragraphs (1) and (3) of this rule do not apply where the person named has died before the filing of the petition.

Service of petition

2.9

• (1) Subject to the provisions of this rule and rules 6.4 and 7.3 a sealed copy of every petition shall be served personally or by post on every respondent or co-respondent together with a copy of the notice in Form M5 with Form M6 attached [[^f00085] or in Form M5A with Form M6A attached, as the case may be,] and with any statement and report required by rule 2.3(2).

• (2) Personal service shall in no case be effected by the petitioner himself.

• (3) An application for leave to substitute for the modes of service prescribed by paragraph (1) some other mode of service, or to substitute for service notice of the proceedings by advertisement or otherwise, shall be made ex parte by lodging with the Master an affidavit setting out the grounds on which the application is made.

• (4) No order giving leave to substitute notice of the proceedings by advertisement shall be made unless it appears to the Master that there is a reasonable probability that the advertisement will come to the knowledge of the person concerned.

• (5) Where leave is given to substitute for service notice of the proceedings by advertisement, the form of the advertisement shall be settled by the Master and copies of the newspapers containing the advertisement shall be filed.

• (6) Where in the opinion of the Master it is impracticable to serve a party in accordance with any of the foregoing paragraphs or it is otherwise necessary or expedient to dispense with service of a copy of a petition on the respondent or on any other person, the Master may make an order dispensing with such service.

• (7) An application for an order under paragraph (6) shall, if no notice of intention to defend has been given, be made in the first instance ex parte by lodging an affidavit setting out the grounds of the application, but the Master may, if he thinks fit, require the attendance of the petitioner on the application.

• (8) Where the solicitor for the respondent or co-respondent signs a receipt that he accepts service of the petition on behalf of the party, the petition shall be deemed to have been duly served on that party and to have been so served on the date on which the receipt was signed.

Proof of service

2.10

• (1) A petition shall be deemed to be duly served if—

• (a) an acknowledgement of service in Form M6 [[^f00086] or Form M6A] is signed by the party to be served or by a solicitor on his behalf and is returned to the Matrimonial Office, and

• (b) where the form purports to be signed by the respondent, his signature is proved at the hearing.

• (2) Where a copy of a petition has been sent to a party and no acknowledgement of service has been returned to the Matrimonial Office, the Master, if satisfied by affidavit or otherwise that the party has nevertheless received the document, may direct that the document shall be deemed to have been duly served on him.

• (3) Where a copy of a petition has been served on a party personally and no acknowledgement of service has been returned to the Matrimonial Office, service shall be proved by filing an affidavit of service in Form M7 showing the server’s means of knowledge of the identify of the party served.

• (4) Where a solicitor has accepted service of a petition in accordance with rule 2.9(8), a copy of his receipt accepting service of the petition shall be lodged in the Matrimonial Office.

• (5) Where an acknowledgement of service is returned to the Matrimonial Office, the proper officer shall send a photographic copy thereof to the solicitor for the petitioner or to the petitioner if he sues in person.

[Acknowledgement of service of petition for nullity brought on ground relating to gender recognition

2.10A

• (1) This rule applies where a petition for nullity of marriage is brought under—

• (a) Article 14(g) of, or paragraph 18(1)(e) of Schedule 3 to, the Order of 1978 and an interim gender recognition certificate has been issued to the respondent; or

• (b) Article 14(h) of the Order of 1978 and a full gender recognition certificate has been issued to the respondent.

• (2) This rule also applies where a petition for nullity of civil partnership is brought under—

• (a) section 174(1)(d) of the Act of 2004 and an interim gender recognition certificate has been issued to the respondent; or

• (b) section 174(1)(e) of the Act of 2004 and a full gender recognition certificate has been issued to the respondent.

• (3) Where the respondent returns an acknowledgement of service in Form M6 or Form M6A, as the case may be, to the court office, he shall file with it a copy of that interim certificate or that full certificate, as the case may be, unless otherwise directed on an application made ex parte.]

Notice of intention to defend

2.11

• (1) In these Rules any reference to a notice of intention to defend is a reference to an acknowledgement of service in Form M6 [[^f00088] or in Form M6A] containing a statement to the effect that the person by whom or on whose behalf it is signed intends to defend the proceedings to which the acknowledgement relates, and any reference to giving notice of intention to defend is a reference to returning such a notice to the Matrimonial Office.

• (2) In relation to any person on whom there is served a document requiring or authorising an acknowledgement of service to be returned to the Matrimonial Office references in these Rules to the time limited for giving notice of intention to defend are references to 14 days after service of the document, inclusive of the day of service, or such other time as may be fixed.

• (3) Subject to paragraph (2), a person may give notice of intention to defend notwithstanding that he has already returned to the Matrimonial Office an acknowledgement of service not constituting such a notice.

Consent to the grant of a decree [or civil partnership order ]

2.12

• (1) Where, before the hearing of a petition alleging 2 years’ separation coupled with the respondent’s consent to a decree [[^f00090] or civil partnership order] being granted, the respondent wishes to indicate to the court that he consents to the grant of a decree [[^f00091] or civil partnership order], he must do so by giving the Master a notice to that effect signed by the respondent personally. For the purposes of this paragraph an acknowledgement of service containing a statement that the respondent consents to the grant of a decree [[^f00092] or civil partnership order] shall be treated as such a notice if the acknowledgement is signed—

• (a) in the case of a acting in person, by the respondent, or

• (b) in the case of a respondent represented by a solicitor, by the respondent as well as by the solicitor.

• (2) A respondent to a petition which alleges any such fact as is mentioned in paragraph (1) may give notice to the court either that he does not consent to a decree [[^f00093] or civil partnership order] being granted or that he withdraws any consent which he has already given.

Where any such notice is given and [[^f00094] no other relevant fact] is alleged, the proceedings on the petition shall be stayed and the Master shall thereupon give notice of the stay to all parties.

• (3) [^f00095]In this rule a “relevant fact” is—

• (a) in a matrimonial cause, one of the facts mentioned in Article 3(2) of the Order of 1978, and

• (b) in a civil partnership cause, one of the facts mentioned in section 168(5) of the Act of 2004.]

Supplemental petition, pleadings and amendment of petition

2.13

• (1) A supplemental petition may be filed only with leave.

• (2) A petition may be amended without leave before it is served but only with leave after it has been served.

• (3) Subject to paragraph (4) [[^f00096] and unless the court otherwise directs], an application for leave under this rule—

• (a) may, if every opposite party consents in writing to the supplemental petition being filed or the petition being amended, be made ex parte by lodging in the Matrimonial Office the supplemental petition or a copy of the petition as proposed to be amended, together with the appropriate consent, and

• (b) shall, in any other case, be made by summons to be served, [[^f00097]...] on every opposite party.

• (4) The Master may, if he thinks fit, require an application for leave to be supported by an affidavit.

• (5) An order granting leave shall—

• (a) where any party has given notice of intention to defend, fix the time within which his answer must be filed or amended,

• (b) where the order is made after the certificate of readiness has been lodged, provide for a stay of the hearing until after the certificate has been renewed.

• (6) An amendment authorised to be made under this rule shall be made by filing a copy of the amended petition.

• (7) Rules 2.5 and 2.8 shall apply to a supplemental or amended petition as they apply to the original petition.

• (8) Unless the court otherwise directs, a copy of a supplemental or amended petition, together with a copy of the order (if any) made under this rule shall be served on every respondent and co-respondent named in the original petition or in the supplemental or amended petition.

• (9) Rules 2.9 and 2.10 shall apply to a respondent or co-respondent named in the original petition or in the supplemental or amended petition as they apply in relation to a person required to be served with an original petition.

Filing of answer to petition

2.14

• (1) Subject to paragraph (2) and to rules 2.12, 2.16 and 2.35, a respondent or co-respondent who has given notice of intention to defend and who—

• (a) wishes to defend the petition or to dispute any of the facts alleged in it,

• (b) being the respondent wishes to make in the proceedings any charge against the petitioner in respect of which the respondent prays for relief, or

• (c) being the respondent to a petition to which Article 7(1) of the Order of 1978 [[^f00098] or section 171(1) of the Act of 2004, as the case may be,] applies, wishes to oppose the grant of a decree [[^f00099] or civil partnership order] on the ground mentioned in that paragraph.

shall within 21 days after the expiration of the time limited for giving notice of intention to defend, file an answer to the petition.

• (2) An answer may be filed at any time before the certificate of readiness has been lodged, notwithstanding that the time for filing the answer has expired.

• (3) Where in a cause in which relief is sought under Article 14(d) of the Order of 1978 [[^f00100] or under section 174(1)(b) of the Act of 2004] the respondent files an answer containing no more than a simple denial of the facts stated in the petition, he shall, if he intends to rebut the charges in the petition, give the proper officer notice to that effect either when filing his answer or later by leave of the court.

• (4) On the filing of an answer to a petition presented to [[^f00101] the county court] the Master shall order the cause to be transferred to the High Court, unless it is a case to which paragraph (3) applies and the respondent has not given any such a notice as is mentioned in that paragraph.

[Answer praying for decree or order of nullity on ground of issue of interim gender recognition certificate

2.14A

• (1) This rule applies to an answer under rule 2.14(1) which prays for—

• (a) a decree of nullity of marriage under Article 14(g) of, or paragraph 18(1)(e) of Schedule 3 to, the Order of 1978, and

• (b) an order for nullity of civil partnership under section 174(1)(d) of the Act of 2004.

• (2) The respondent shall file with his answer a copy of an interim gender recognition certificate issued to him or to the petitioner, as the case may be, unless otherwise directed on an application made ex parte.

• (3) The proper officer or chief clerk, as the case may be, shall give notice in writing to the Secretary of State of an answer to which this rule applies when it is filed.

• (4) A notice in writing under paragraph (3) shall state the names of the parties to the petition, its case number and the court in which it is pending.

• (5) Where a copy of an interim gender recognition certificate has been filed under paragraph (2), the notice under paragraph (3) shall be accompanied by a copy of that certificate.

• (6) Where a copy of the certificate has not been filed under paragraph (2), the notice given under paragraph (3) shall also state—

• (a) in a matrimonial cause—

• (i) the names of the parties to the marriage and the date and place of the marriage; and

• (ii) the last address at which the parties to the marriage lived together as husband and wife; and

• (b) in a civil partnership cause—

• (i) the names of the parties to the civil partnership and the date on and place at which the civil partnership was formed, and

• (ii) the last address at which the parties to the civil partnership lived together as civil partners of each other; and

• (c) in any case, such further particulars as the proper officer or chief clerk, as the case may be, considers appropriate.

Answer praying for decree or order of nullity on ground that petitioner’s gender had become acquired gender at time of marriage or civil partnership

2.14B

Where an answer under rule 2.14(1) prays for a decree of nullity under Article 14(h) of the Order of 1978 or an order for nullity of civil partnership under section 174(1)(e) of the Act of 2004 and a full gender recognition certificate has been issued to the petitioner, the respondent shall file a copy of that full certificate with his answer, unless otherwise directed on an application made ex parte.]

Filing of reply and subsequent pleadings

2.15

• (1) A petitioner may file a reply to an answer within 14 days after he has received a copy of the answer pursuant to rule 2.19.

• (2) If the petitioner does not file a reply to an answer, he shall, unless the answer prays for a decree [[^f00103] or civil partnership order], be deemed on lodging the certificate of readiness to have denied every material allegation of fact made in the answer.

• (3) No pleadings subsequent to a reply shall be filed without leave.

[Reply to answer praying for decree or order of nullity on ground relating to gender recognition

2.15A

• (1) This rule applies where an answer is filed under rule 2.14(1) which prays for a decree of nullity of marriage under—

• (a) Article 14(g) of, or paragraph 18(1)(e) of Schedule 3 to, the Order of 1978 and an interim gender recognition certificate has been issued to the petitioner; or

• (b) Article 14(h) of the Order of 1978 and a full gender recognition certificate has been issued to the petitioner.

• (2) This rule also applies where an answer is filed under rule 2.14(1) which prays for an order of nullity of civil partnership under—

• (a) section 174(1)(d) of the Act of 2004 and an interim gender recognition certificate has been issued to the petitioner; or

• (b) section 174(1)(e) of the Act of 2004 and a full gender recognition certificate has been issued to the petitioner.

• (3) Where the petitioner files a reply under rule 2.15(1) to the answer, he shall file with it a copy of that interim certificate or that full certificate, as the case may be, unless otherwise directed on an application made ex parte.]

Filing of pleadings after lodgment of certificate of readiness

2.16

No pleadings shall be filed without leave after the certificate of readiness has been lodged.

Contents of answer and subsequent pleadings

2.17

• (1) Where an answer, reply or subsequent pleading contains more than a simple denial of the facts stated in the petition, answer or reply, as the case may be, the pleading shall set out with sufficient particularity the facts relied on but not the evidence by which they are to be proved and, if the pleading is filed by the husband or wife [[^f00105] or a civil partner, as the case may be], it shall in relation to those facts, contain the information required in the case of a petition by paragraph 1(m) of Appendix 2.

• (2) Unless the court otherwise directs, an answer by a husband or wife or a [[^f00106] or a civil partner] who disputes any statement required by paragraph 1(f), (g)[, (ga)[^f00107]] and (h) of Appendix 2 to be included in the petition shall contain full particulars of the facts relied on.

• (3) Paragraph 4(a) of Appendix 2 shall, where appropriate, apply, with the necessary modifications, to a respondent’s answer as it applies to a petition.

Provided that it shall not be necessary to include in the answer any claim for costs against the petitioner.

• (4) Where an answer to any petition contains a prayer for relief, it shall contain the information required by paragraph 1(1) of Appendix 2 in the case of the petition insofar as it has not been given by the petitioner.

• (5) Rule 2.4(2) shall apply, with the necessary modifications, to a pleading other than a petition as it applies to a petition.

• (6) Where a party’s pleading includes such a statement as is mentioned in rule 2.4(2), then if the opposite party—

• (a) denies the conviction, finding or adjudication to which the statement relates, or

• (b) alleges that the conviction, finding or adjudication was erroneous, or

• (c) denies that the conviction, finding or adjudication is relevant to any issue in the proceedings,

he must make the denial or allegation in his pleading.

• (7) Rule 2.5 shall apply, with the necessary modifications, to a pleading other than a petition as it applies to a petition.

Allegation against third person in pleading

2.18

• (1) Rules 2.8, 2.9 and 2.10 shall apply, with the necessary modifications, to a pleading other than a petition as they apply to a petition, so however that for the references in those rules to a co-respondent there shall be substituted references to a party cited.

• (2) Rule 2.14 shall apply, with the necessary modifications, to a party cited as it applies to a co-respondent.

Service of pleadings

2.19

A party who files an answer, reply or subsequent pleading shall within 7 days of filing it serve a copy thereof on every opposite party.

Supplemental answer and amendment of pleadings

2.20

Rule 2.13 shall apply, with the necessary modifications, to the filing of a supplemental answer, and the amendment of a pleading or other document not being a petition, as it applies to the filing of a supplemental petition and the amendment of a petition.

Service and amendment of pleadings

2.21

Pleadings in matrimonial proceedings [[^f00108] or civil partnership proceedings] may be served on any day except Sunday, Good Friday and Christmas Day and may be amended on any day on which the appropriate court office is open.

Particulars

2.22

• (1) A party on whom a pleading has been served may by notice request the party whose pleading it is to give particulars of any allegation or other matter pleaded and, if that party fails to give the particulars within a reasonable time the party requiring them may apply for an order that the particulars be given.

• (2) A party giving particulars whether in pursuance of an order or otherwise shall at the same time file a copy of them.

Re-transfer of cause to [designated county court]

2.23

• (1) Where a cause begun by petition has been transferred to the High Court under rule 2.14(4) and subsequently becomes undefended, the court shall order it to be re-transferred to [[^f00110] the county court], unless, (because of the proximity of the probable date of trial or for any other reason) the court thinks it desirable that the cause should be heard and determined in the High Court.

• (2) Nothing in paragraph (1) shall require a case to be re-transferred at the time when it becomes undefended if in the opinion of the court the question whether it is desirable to retain it in the High Court cannot conveniently be considered until later.

PREPARATION FOR TRIAL

Discovery of documents

2.24

A party to a cause may apply for an order for discovery and inspection of documents by an opposite party and R.S.C. Order 24 shall apply with the necessary modifications.

Discovery by interrogatories

2.25

• (1) R.S.C. Order 26 (which deals with discovery by interrogatories) shall apply to a cause with the necessary modifications.

• (2) A copy of the proposed interrogatories shall be filed when the summons for an order is issued.

Medical examination in proceedings for nullity [of marriage]

2.26

• (1) In proceedings for nullity on the grounds of incapacity to consummate the marriage the petitioner may apply to the Master to determine whether medical inspectors should be appointed to examine the parties.

• (2) An application under paragraph (1) shall not be made in an undefended cause—

• (a) if the husband is the petitioner, or

• (b) if the wife is the petitioner and—

• (i) it appears from the petition that she was either a widow or divorced at the time of marriage in question, or

• (ii) it appears from the petition or otherwise that she has borne a child, or

• (iii) a statement by the wife that she is not a virgin is filed,

unless, in any such case, the petitioner is alleging his or her own incapacity.

• (3) References in paragraph (1) and (2) to the petitioner shall, where the cause is proceeding only on the respondent’s answer or where the allegation of incapacity is made only in the respondent’s answer, be construed as references to the respondent.

• (4) An application under paragraph (1) by the petitioner shall be made—

• (a) where the respondent has not given notice of intention to defend, after the time limited for giving notice of intention to defend has expired;

• (b) where the respondent has given notice of intention to defend, after the expiration of the time allowed for filing his answer or, if he has filed an answer, after it has been filed;

and any application under paragraph (1) by the respondent shall be made after he has filed an answer.

• (5) Where the party required to make an application under paragraph (1) fails to do so within a reasonable time, the other party may, if he is prosecuting or defending the cause, make the application.

• (6) In proceedings for nullity on the ground that the marriage has not been consummated owing to the wilful refusal of the respondent, either party may apply to the Master for the appointment of medical inspectors to examine the parties.

• (7) If the respondent has not given notice of intention to defend, an application by the petitioner under paragraph (1) or (6) may be made ex parte.

• (8) If the Master hearing an application under paragraph (1) or (6) considers it expedient to do so, he shall appoint a medical inspector or, if he thinks it necessary, two medical inspectors to examine the parties and report to the court the result of the examination.

• (9) At the hearing of any such proceedings as are referred to in paragraph (1) the court may, if it thinks fit, appoint a medical inspector or two medical inspectors to examine any party who has not been examined or to examine further any party who has been examined.