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The Family Proceedings Rules (Northern Ireland) 1996

Type Ni-Statutory-Rule

Publication 1996-07-19

Last updated 2022-11-28

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

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(10) The party on whose application an order under paragraph (8) is made or who has the conduct of proceedings in which an order under paragraph (9) has been made for the examination of the other party, shall serve on the other party notice of the time and place appointed for his or her examination.

Conduct of medical examination

2.27

(1) The examination under rule 2.26 shall, if either party so requires, be held at the residence of one of the medical inspectors appointed or at some other convenient place selected by them and in every other case shall be held at the Matrimonial Office.

(2) Where a medical inspection takes place at a place other than the Matrimonial Office every party presenting himself for examination shall sign, in the presence of the inspector or inspectors, a statement that he is the person referred to as the petitioner or respondent, as the case may be, in the order for the examination, and at the conclusion of the examination the inspector or inspectors shall certify on the statement that it was signed in his or their presence by the person who has been examined. Where the medical inspection takes place in the Matrimonial Office the identification shall be conducted before the Master in such manner as he may direct.

(3) Every report made in pursuance of rule 2.26 shall be filed and either party shall be entitled to be supplied with a copy on payment of the prescribed fee.

(4) It shall not be necessary in any cause for the inspector or inspectors to attend or give evidence at the trial unless required either by the court of its own motion or by either party to do so after receiving appropriate notice.

(5) Where pursuant to paragraph (4) the evidence of the inspector or inspectors is not given at the trial, his or their report shall be treated as information furnished to the court by a court expert and be given such weight as the court thinks fit.

Entry for hearing and certificate of readiness

2.28

(1) The petitioner or any party who is defending a cause or the respondent in the case of an undefended cause proceeding on the respondent’s answer may request the Master to enter the cause for hearing if—

(a) a copy of the petition (including any supplemental or amended petition) and any subsequent pleading has been duly served on every party requiring to be served and, where that party is a person under disability, any affidavit required by rule 6.4(2) has been filed;

(i) no notice of intention to defend has been given by any party entitled to defend and the time limited for giving such notice has expired; or

(ii) where a notice of intention to defend has been given by any party, the time allowed for filing an answer has expired; or

(iii) where an answer has been filed, the time allowed for filing any subsequent pleading has expired;

(c) in proceedings for nullity [[^f00112] of marriage], where an order for the examination of the parties has been made on an application under rule 2.26, the notice required by paragraph 10 of that rule has been served and the report of the inspector or inspectors has been filed;

(d) any other directions of the court have been complied with.

(2) The party making such request shall at the same time lodge in the Matrimonial Office a certificate in Form M8 that the cause is ready for trial and, in the case of a cause for hearing in [[^f00113] the county court], the certificate shall state the place of trial requested.

(3) [[^f00114] Where a cause is defended, the party lodging the certificate of readiness] shall at the same time deliver to the Matrimonial Office a bundle of pleadings for the judge consisting of an indexed copy of the following documents—

(a) the certificate of readiness;

(b) the petition;

(d) notices for particulars and answers thereto;

(e) affidavit of service;

(f) interlocutory orders;

(g) any statement as to arrangements for children under rule 2.3(2);

(h) any statement under rule 2.29(4);

(i) the requisite legal aid documents,

fastened together in the order shown and having endorsed thereon the names and addresses of the solicitors of the parties.

(4) If [[^f00115] a cause is defended and] there are any further proceedings after the lodging of the certificate of readiness, the party lodging the certificate shall deliver to the proper officer or the chief clerk, as the case may be, for the use of the judge a copy of any further document of the kind mentioned in paragraph (3).

Stay under Schedule 1 to the Order of 1978

2.29

(1) An application to the court by the petitioner or respondent in proceedings for divorce for an order under paragraph 8 of Schedule 1 to the Order of 1978 (in this rule referred to as “Schedule 1”) shall be made to the Master, who may determine the application or refer the application, or any question arising thereon, to the judge for his decision as if the application were an application for ancillary relief.

(2) An application for an order under paragraph 9 of Schedule 1 to the Order of 1978 shall be made to the judge.

(3) Where on the lodgment of the certificate of readiness, it appears to the Master from any information given pursuant to paragraph 1(1) of Appendix 2 or rule 2.17(4) or paragraph (4) of this rule that any proceedings which are in respect of the marriage in question or which are capable of affecting its validity or subsistence are continuing in any country outside Northern Ireland and he considers that the question whether the proceedings on the petition should be stayed under paragraph 9 of Schedule 1 ought to be determined by the court, he shall before proceeding under rule 2.32 fix a date and time for the consideration of that question by the judge and give notice thereof to all parties.

In this paragraph “proceedings continuing in any country outside Northern Ireland” has the same meaning as in paragraph 1(1) of Appendix 2.

(4) Any party who lodges a certificate of readiness in matrimonial proceedings within the meaning of paragraph 2 of Schedule 1 shall, if there has been a change in the information given pursuant to paragraph 1(1) of Appendix 2 and rule 2.17(4), file a statement giving particulars of the change.

(5) An application by a party to the proceedings for an order under paragraph 10 of Schedule 1 to the Order of 1978 may be made to the Master, and he may determine the application or may refer the application, or any question arising thereon, to the judge as if the application were an application for ancillary relief.

[Stay under the Family Proceedings (Civil Partnership: Staying of Proceedings) Rules (Northern Ireland) 2005

2.29AA

(1) An application to the court by the petitioner or respondent in proceedings for a dissolution order for an order under rule 3 of the Staying of Proceedings Rules shall be made to the Master who may determine the application or refer the application, or any question arising thereon, to the judge for his decision as if the application were an application for ancillary relief.

(2) An application for an order under rule 4 of the Staying of Proceedings Rules shall be made to the judge.

(3) Where on the lodgement of the certificate of readiness, it appears to the Master from any information given pursuant to paragraph 1(1) of Appendix 2 or rule 2.17(4) or paragraph (4) of this rule that any proceedings which are in respect of the civil partnership in question or which are capable of affecting its validity or subsistence are continuing in any country outside Northern Ireland and he considers that the question whether the proceedings on the petition should be stayed under rule 4 of the Staying of Proceedings Rules ought to be determined by the court, he shall before proceeding under rule 2.32 fix a date and time for the consideration of that question by the judge and give notice thereof to all parties.

(4) Any party who lodges a certificate of readiness in civil partnership proceedings within the meaning of rule 1(2) of the Staying of Proceedings Rules shall, if there has been a change in the information given pursuant to paragraph 1(1) of Appendix 2 and rule 2.15(4), file a statement giving particulars of the change.

(5) An application by a party to the proceedings for an order under rule 5 of the Staying of Proceedings Rules may be made to the Master, and he may determine the application or may refer the application, or any question arising thereon, to the judge as if the application were an application for ancillary relief.

(6) In this rule—

(a) the Staying of Proceedings Rules means the Family Proceedings (Civil Partnership: Staying of Proceedings) Rules (Northern Ireland) 2005[^f00117]; and

(b) in paragraph (3), the reference to “proceedings continuing in any country outside Northern Ireland” has the same meaning as in paragraph 1(1) of Appendix 2.]

Stay under the Council Regulation

2.29A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TRIAL ETC

Mode and place of trial

2.30

(1) Subject to section 62(4) of the Judicature (Northern Ireland) Act 1978[^f00124], every cause and any issue arising therein shall be tried by a judge without a jury.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Unless the judge otherwise directs, every cause listed for hearing and any issue arising therein shall be heard by a judge in chambers and adjourned into court for judgment.

Setting down for trial

2.31

(1) A cause shall be deemed to have been set down as soon as the certificate of readiness has been lodged.

(2) Where a cause is set down for hearing in the High Court, the proper officer shall, as soon as practicable, fix the date of the hearing and give notice thereof to every party to the case.

(3) Where a cause is set down for hearing in [[^f00126] the county court], the proper officer shall forthwith send the file of the cause [[^f00127]...] to the chief clerk.

(4) As soon as practicable after the chief clerk has received the file of the cause [[^f00128]...] in accordance with paragraph (3), he shall fix the date and place of the hearing and give notice thereof to every party to the cause.

(5) Except with the consent of all parties or by leave of the judge, no cause shall be tried before the expiration of 10 days from the date of issue stamped on the notice of hearing.

Order for transfer of cause

2.32

(1) [[^f00129] The county court] may order that a cause pending therein be transferred to the High Court, if, having regard to all the circumstances including the difficulty or importance of the cause or of any issue arising therein, the court thinks it desirable that the cause should be heard and determined in the High Court.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Trial of issue

2.33

Where directions are given for the separate trial of any issue, the Master shall—

(a) if the issue arises on an application for ancillary relief or on an application with respect to any child or alleged child of the family, proceed as if the issue were a question referred to a judge on an application for ancillary relief and rule 2.70 shall apply accordingly;

(b) in any other case, cause the issue to be set down for trial.

Lists in the [designated county court]

2.34

(1) The chief clerk ... shall maintain a list of the causes which are for the time being set down for trial ....

(2) Causes shall be entered in the said list in the order in which they were set down for trial and for the purpose of this paragraph—

(a) a cause shall, subject to sub-paragraph (b), be treated as having been set down for trial when the file of the cause is received by the chief clerk from the Matrimonial Office under rule 2.31(3);

(b) a cause transferred for trial from another county court ... shall be treated as having been set down for trial at the end of the day on which it was originally set down for trial.

Right to be heard on ancillary questions

2.35

(1) A respondent, co-respondent or party cited may, without filing an answer, be heard on any question as to costs or as to ancillary relief.

(2) A party shall be entitled to be heard on any question pursuant to paragraph (2) whether or not he has returned to the Matrimonial Office an acknowledgement of service stating his wish to be heard on that question.

(3) The court may at any time order any party objecting to a claim for costs to file and serve on the party making the claim a written statement setting out the reasons for his objection.

(4) In proceedings after a decree nisi of divorce or a decree of judicial separation [[^f00131]or after a conditional order of dissolution or an order of separation,] no order the effect of which would be to make a co-respondent or party cited liable for costs which are not directly referable to the decree [[^f00132] or civil partnership order, as the case may be,] shall be made unless the co-respondent or party cited is a party to such proceedings or has been given notice of the intention to apply for such an order.

Respondents statement as to arrangements for children

2.36

(1) A respondent on whom there is served a statement in accordance with rule 2.3(2) may file in the Matrimonial Office a written statement of his views on the present and proposed arrangements for the children, and on receipt of such a statement from the respondent the proper officer shall send a copy to the petitioner.

(2) Any such statement of the respondent’s views shall, if practicable, be filed within the time limited for giving notice of intention to defend and in any event before the judge considers the arrangements or proposed arrangements for the children under Article 44 of the Order of 1978[^f00133] [or section 186(1) of the Act of 2004, as the case may be[^f00134]].

Procedure for complying with Article 44 of the Order of 1978 [or Section 186 of the Act of 2004]

2.37

(1) Where no such application as is referred to in rule 2.38(1) is pending the judge shall consider the matters specified in Article 44(1) of the Order of 1978 [[^f00136] or section 186(1) of the Act of 2004, as the case may be,] in accordance with the provisions of this rule.

(2) Where, on consideration of the relevant evidence, including any further evidence or report provided pursuant to this rule and any statement filed by the respondent under rule 2.36 the judge is satisfied that—

(a) [^f00137]there are no children of the family to whom—

(i) in a matrimonial cause, Article 44 of the Order of 1978 applies; or

(ii) in a civil partnership cause, section 186 of the Act of 2004 applies, or]

(b) there are such children but the court need not exercise its powers under the Order of 1995 with respect to any of them or give [[^f00138] a relevant direction],

the judge shall certify accordingly and, in a case to which sub-paragraph (b) applies, the petitioner and the respondent shall each be sent a copy of the certificate by the Master.

(3) Where the judge is not satisfied as mentioned in paragraph (2) above he may, without prejudice to his powers under the Order of 1995 or [[^f00139] his power to give a relevant direction], give one or more of the following directions—

(a) that the parties, or any of them, shall file further evidence relating to the arrangements for the children (and the direction shall specify the matters to be dealt with in the further evidence);

(b) that a welfare report on the children, or any of them be prepared;

and the parties shall be notified accordingly.

(4) Where the court gives a [[^f00140] relevant direction] notice of the direction shall be given to the parties.

(5) [^f00141]In this rule—

(a) “parties” means the petitioner, the respondent and any person who appears to the court to have the care or the child; and

(b) “relevant direction” means a direction—

(i) in a matrimonial cause, under Article 44(2) or the Order of 1978, and

(ii) in a civil partnership cause, under section 186(2) of the Act of 2004.]

Applications relating to children of the family

2.38

(1) Where a cause is pending, an application by a party to the cause or by any other person for an order under Part II or Part III or Part XV of the Order of 1995 in relation to a child of the family shall be made in the cause; and where the applicant is not a party and has obtained such leave as is required under the Order of 1995 to make the application no leave to intervene in the cause shall be necessary.

(2) If, while a cause is pending, proceedings relating to any child of the family are begun in any other court, a concise statement of the nature of the proceedings shall forthwith be filed by the person beginning the proceedings, or if he is not a party to the cause by the petitioner.

Restoration of matters adjourned, etc. at the hearing

2.39

(1) Where at the trial of a cause any application is adjourned by the judge it may be restored by any party or by the Master when in his opinion the matter ought to be further considered, by notice in Form M9 which shall be served on every party concerned and (when served by a party) on the proper officer or chief clerk, as the case may be.

(2) Where in proceedings for divorce, nullity of marriage or judicial separation [[^f00142], or for dissolution, nullity or civil partnership or separation,] the judge has made a direction under Article 44(2) of the Order of 1978 [[^f00143] or under section 186(2) of the Act of 2004], paragraph (1) shall, unless the judge otherwise directs, apply as if an application with respect to the arrangements for the care and upbringing or any such child had been adjourned.

EVIDENCE

Evidence generally

2.40

Subject to the provisions of rules 2.41 and 2.42 and of the Civil Evidence Act (Northern Ireland) 1971[^f00144] and any other statutory provisions, any fact required to be proved by the evidence of witnesses at the trial of a cause begun by petition shall be proved by the examination of the witnesses orally.

Evidence by affidavit, etc

2.41

(1) The court may order—

(a) that any particular fact to be specified in the order may be proved by affidavit,

(b) that the affidavit of any witness may be read at the trial on such conditions as the court thinks reasonable,

(c) that the evidence of any particular fact shall be given at the trial in such manner as may be specified in the order and in particular—

(i) statement on oath of information or belief, or

(ii) the production of documents or entries in books, or

(iii) by copies of documents or entries in books, or

(d) that not more than a specified number of expert witnesses may be called.

(2) An application to the Master for an order under paragraph (1) shall—

(a) if no notice of intention to defend has been given, or

(b) if the petitioner and every party who has given notice of intention to defend consents to the order sought, or

be made ex parte by filing an affidavit stating the grounds on which the application is made.

(3) Where an application is made before the trial for an order that the affidavit of a witness may be read at the trial or that evidence of a particular fact may be given at the trial by affidavit, the affidavit or a draft thereof shall be submitted with the application; and where the affidavit is sworn before the hearing of the application and sufficiently states the grounds on which the application is made, no other affidavit shall be required under paragraph (2).

(4) The court may, on the application of any party to a cause begun by petition, make an order for the examination on oath of any person, and R.S.C. Order 38, rule 7, and Order 39, rules 1 to 14, (which regulate the procedure where evidence is to be taken by deposition) shall have effect accordingly with the appropriate modifications.

(5) On any interlocutory application made to the court evidence may be given by affidavit unless these Rules otherwise provide or the court otherwise directs, but the court may, on the application of any party, order the attendance for cross-examination of the person making any such affidavit; and where, after such attendance has been ordered, such affidavit shall not be used as evidence without the leave of the court.

(6) Medical and other expert evidence or the evidence of an inquiry agent to prove adultery may without leave, and in an undefended cause shall, be given by affidavit, but the court may, of its own motion or on the application of any party at the trial, order the attendance for cross-examination of the person making any such affidavit; and after such attendance has been ordered such affidavit shall not be used in evidence without the leave of the court.

(7) Where the statement of a co-respondent or a person named admitting his or her adultery with the respondent or of a respondent admitting his or her adultery with a person named or a co-respondent has been made in the presence and hearing of the person with whom adultery is admitted, the affidavit must contain an averment that the statement has been so made.

Evidence of marriage [ or overseas relationship] outside Northern Ireland

2.42

(1) The celebration of a marriage outside Northern Ireland and its validity under the law of the country where it was celebrated may, in any family proceedings in which the existence and validity of the marriage is not disputed, be proved by the evidence of one of the parties to the marriage and the production of a document purporting to be—

(a) a marriage certificate or similar document issued under the law in force in that country; or

(b) a certified copy of an entry in a register of marriages kept under the law in force in that country.

(1A) [^f00146]The formation of an overseas relationship other than a marriage, outside Northern Ireland and its validity under the law of the country where it was formed may, in any family proceedings in which the existence and validity of that relationship is not disputed, be proved by the evidence of one of the parties to it and the production of a document purporting to be—

(a) a certificate or similar document issued under the law in force in that country evidencing its formation; or

(b) a certified copy of an entry in a register of such relationships kept under the law in force in that country.]

(2) Where a document produced by virtue of paragraph (1) [[^f00145] or (1A)] is not in English it shall, unless the court otherwise directs, be accompanied by a translation certified by a notary public or authenticated by affidavit.

(3) This rule shall not be construed as precluding the proof of a marriage [[^f00145] or the existence of an overseas relationship which is not a marriage] in accordance with the Evidence (Foreign, Dominion and Colonial Documents) Act 1933[^f00147] or in any other manner authorised apart from this rule.

(4) [^f00146]In this rule, an “overseas relationship” has the same meaning as in section 212 of the Act of 2004.]

Rules 2.41 and 2.42 not to affect the power of the judge at the trial to refuse to admit any evidence

2.43

Nothing in rule 2.41 or 2.42 shall affect the power of the judge at the trial to refuse to admit any evidence if in the interest of justice he thinks fit to do so.

Issue of writ of subpoena or witness summons

2.44

(1) A writ of subpoena in a cause pending in the High Court shall be issued out of the Matrimonial Office.

(2) A witness summons in a cause pending in [[^f00148] the county court] shall be issued in any county court office.

Hearsay and expert evidence

2.45

(1) R.S.C. Order 38, rules 5 and 19(1) shall not apply in relation to an undefended cause in the High Court.

(2) R.S.C. Order 38, rule 19 shall have effect in relation to a defended cause in the High Court as if—

(a) for the words “this Order” in paragraph (3), there were substituted a reference to rule 2.41 of these Rules; and

(b) paragraph (4) were omitted.

(3) Unless in any particular case the court otherwise directs, C.C.R. Order 38, rule 19(1), shall not apply in relation to an undefended cause pending in [[^f00149] the county court].

DECREES AND ORDERS

Decrees and orders

2.46

(1) Every decree, [[^f00150] every civil partnership order, every other order made in open court] and every other order which is required to be drawn up shall be drawn up—

(a) in the case of a decree or order pronounced or made in the High Court, in the Matrimonial Office;

(b) in the case of a decree or order pronounced or made in [[^f00151] the county court], in the county court office;

and shall have affixed thereto the seal of the office in which it is drawn up.

(2) C.C.R. Order 33, rule 4(1) (which deals with the lodgment of a decree) shall not apply to a decree [[^f00152] or civil partnership order] pronounced in a cause pending in [[^f00153] the county court].

(3) The chief clerk to whom the file of a cause has been sent under rule 2.31(3) shall, as soon as practicable after the cause has been tried, forward to the Matrimonial Office a copy of the decree or order pronounced or made in the cause.

Application for rescission of decree [ or conditional order]

2.47

(1) [^f00155]An application by a respondent—

(a) under Article 12(1) of the Order of 1978 for the rescission of a decree of divorce, or

(b) under section 172(1) of the Act of 2004 for the rescission of a conditional order of dissolution,

shall be made to a judge and shall be heard in open court.]

(2) Unless otherwise directed, the notice of the application shall be served on the petitioner not less than 14 days before the day fixed by the proper officer or chief clerk, as the case may be, for the hearing of the application.

(3) The applicant shall file an affidavit showing that the notice of the application has been served.

(4) The application shall be supported by an affidavit setting out the allegations on which the applicant relies and a copy of the affidavit shall be served on the petitioner.

Application under Article 12(2) of the Order of 1978 [ or section 172(2) of the Act of 2004]

2.48

(1) An application by the respondent to a petition for divorce [[^f00157] or dissolution] for the court to consider his financial position after [[^f00158] that divorce or dissolution] shall be made by notice in Form M14.

(2) Where a petitioner is served with a notice in Form M14, then, unless he has already filed an affidavit under rule 2.61(2), he shall, within 14 days after the service of the notice, file an affidavit in answer to the application containing full particulars of his property and income, and if he does not do so, the court may order him to file an affidavit containing such particulars.

(3) Within 14 days after service of any affidavit under paragraph (2) or within such other time as the court may fix, the respondent shall file an affidavit in reply containing full particulars of his property and income unless already given in an affidavit filed by him under rule 2.61(3).

(4) The powers of the court on the hearing of the application may be exercised by the Master.

(5) The Master by whom an application under Article 12(2) of the Order of 1978 [[^f00159] or section 172(2) of the Act of 2004] is to be heard shall fix an appointment for the hearing, and rules 2.64(3) to (7); 2.68 and 2.69 shall apply to the application as if it were an application for ancillary relief.

(6) At any time before the hearing of the application is concluded (and without prejudice to any right of appeal), the Master may, and if so requested by either party shall, refer the application or any question arising thereon, to a judge.

(7) [[^f00160] In a matrimonial cause, a statement of any of the matters] mentioned in paragraph (3) of Article 12 of the Order of 1978 with respect to which the court is satisfied, a statement that the conditions for which that paragraph and paragraph (4) provide have been fulfilled, shall be entered in the court records.

(7A) [^f00161] In a civil partnership cause, a statement of any of the matters mentioned in section 172(4) of the Act of 2004 with respect to which the court is satisfied and a statement that the conditions for which that sub-section and section 172(5) provide have been fulfilled shall be entered in the court records.]

Intervention to show cause by the Crown Solicitor

2.49

(1) [^f00162]If the Crown Solicitor wishes to show cause why—

(i) a decree nisi should not be made absolute, or

(ii) a conditional order should not be made final,

he shall give notice to that effect to the proper officer or chief clerk, as the case may be, and to the party in whose favour it was pronounced, and, if the cause is pending in the county court, the Master shall thereupon order it to be transferred to the High Court.]

(2) Within 21 days after giving notice under paragraph (1) the Crown Solicitor shall file his plea setting out the ground on which he desires to show cause, together with a copy for service on the party in whose favour the decree [[^f00163] or civil partnership order, as the case may be,] was pronounced and every other party affected by [[^f00164] that decree or order].

(3) The proper officer shall serve a copy of the plea on each of the persons mentioned in paragraph (2).

(4) Except as hereinafter provided, these Rules shall apply to all subsequent pleadings and proceedings in respect of the plea as if it were a petition.

(5) If no answer to the plea is filed within the time limited, or if an answer is filed and is struck out or not proceeded with, the Crown Solicitor may apply forthwith by motion to rescind the decree nisi [[^f00165] or conditional order] and dismiss the petition.

(6) If an answer is filed denying all the charges in the plea, the Crown Solicitor shall within 14 days thereafter request the proper officer to enter the intervention for hearing but, if no such request is made, the party in whose favour the decree nisi [[^f00166] or the conditional order] was pronounced may request the proper officer to enter the intervention for hearing or may apply under rule 2.52 to make the decree absolute [[^f00167] or the conditional order final].

(7) If an answer is filed in which any charge in the plea is not denied, the party in whose favour the decree nisi [[^f00168] or the conditional order] was pronounced may within 14 days after the answer has been filed request the proper officer to enter the intervention for hearing but, if no such request is made, the Crown Solicitor may apply forthwith by motion to rescind the decree [[^f00169] or conditional order, as the case may be,] and dismiss the petition.

(8) The Crown Solicitor or the party in whose favour the decree [[^f00170] or order] was pronounced, as the case may be, shall, when requesting the intervention to be entered for hearing, deliver to the Matrimonial Office a bundle of pleadings for the judge consisting of an indexed copy of the following documents:—

(a) the decree nisi [[^f00171] or the conditional order, as the case may be];

(b) the Crown Solicitor’s plea;

(d) notices for particulars and answers thereto;

(e) affidavits, if any;

(f) the requisite legal aid documents,

fastened together in the order shown and having endorsed thereon the names and addresses of the solicitors of the parties.

(9) After the expiration of 7 days from the date on which the proper officer was requested to enter the intervention for hearing, the intervention shall be deemed to be set down for trial and the proper officer shall—

(a) give notice to this effect to every party to the intervention, and

(b) as soon as practicable thereafter fix the date of the hearing and give notice thereof to every party to the intervention.

Intervention to show cause by person other than Crown Solicitor

2.50

(1) [^f00172]If any person other than the Crown Solicitor wishes to show cause—

(a) under Article 11 of the Order of 1978 why a decree nisi should not be made absolute, or

(b) under section 164 of the Act of 2004 why a conditional order should not be made final,

he shall file an affidavit stating the facts on which he relies and a copy shall be served on the party in whose favour the decree or conditional order, as the case may be, was pronounced.]

(2) A party on whom a copy of an affidavit has been served under paragraph (1) may, within 14 days after service, file an affidavit in answer and, if he does so, a copy thereof shall be served on the person showing cause.

(3) The person showing cause may file an affidavit in reply within 14 days after service of the affidavit in answer and, if he does so, a copy shall be served on each party who was served with a copy of his original affidavit.

(4) No affidavit after an affidavit in reply shall be filed without leave.

(5) Any person who files an affidavit under paragraph (1), (2) or (3) shall at the same time file a copy for service on each person required to be served therewith and the proper officer or chief clerk, as the case may be, shall thereupon serve the copy on that person.

(6) A person showing cause shall apply to the judge for directions within 14 days after expiry of the time allowed for filing an affidavit in reply or, where no affidavit in answer has been filed, within 14 days after expiry of the time allowed for filing such an affidavit.

(7) If the person showing cause does not apply under paragraph (6) within the time limited, the person in whose favour the decree [[^f00173] or conditional order, as the case may be,] was pronounced may do so.

(8) The judge may either give directions for the trial of the intervention or, if he is satisfied that there is no question to be tried, dismiss the intervention.

(9) If the judge gives such directions in a cause pending in [[^f00174] the county court], he shall thereupon order the cause to be transferred to the High Court.

(10) When directions have been given under paragraph (8) and, if necessary, the cause has been transferred to the High Court, the intervention shall proceed as nearly as may be in the manner prescribed by paragraphs (6) to (9) of rule 2.49, substituting for references to the Crown Solicitor references to the person showing cause, but no plea or answer need be filed unless the judge so directs.

2.51

(1) [^f00176]Where a reconciliation has been effected between the petitioner and the respondent—

(a) in a matrimonial cause—

(i) after a decree nisi has been pronounced but before it has been made absolute, or

(ii) after a decree of judicial separation has been pronounced; and

(b) in a civil partnership cause—

(i) after a conditional order has been made but before it has been made final, or

(ii) after a separation order has been made,

either party may apply for an order rescinding that decree or order by consent.]

(2) Where the cause is pending in [[^f00177] the county court], the application shall be made on notice to the other spouse [[^f00178] or civil partner, as the case may be,] and to any other party against whom costs have been awarded or who is otherwise affected by the decree [[^f00179] or civil partnership order], and where the cause is pending in the High Court, a copy of the summons by which the application is made shall be served on every such person.

(3) The application shall be made to the judge and shall be heard in chambers.

Decree absolute [ or final order] on lodging notice

2.52

(1) Subject to rule 2.53(1), an application by—

(a) a spouse to make absolute a decree nisi pronounced in his favour, or

(b) a civil partner to make final a conditional order made in his favour,

may be made by lodging with the proper officer or chief clerk, as the case may be, notice in Form M10.[^f00181]]

(2) On the lodging of such a notice, the proper officer or chief clerk, as the case may be, shall search the court records and if he is satisfied—

(a) that no appeal against the decree [[^f00182] or the conditional order] and no application for rescission of the decree [[^f00183] or the conditional order] is pending;

(b) that no order has been made by the Court of Appeal extending the time for appealing against the decree [[^f00184] or the conditional order] or, if any such order has been made, that the time so extended has expired;

(d) that no intervention under rule 2.49 or 2.50 is pending;

(e) [if the cause is a matrimonial cause,[^f00185]] that the court has complied with Article 44(1) of the Order of 1978 and has not given any direction under Article 44(2);

(ea) if the cause is a civil partnership cause, that the court has complied with section 186(1) of the Act of 2004 and has not given any direction under section 186(2) of that Act;[^f00186]]

(f) where a certificate has been granted under section 12 of the Administration of Justice Act 1969[^f00187] in respect of the decree [[^f00188] or the conditional order, as the case may be]—

(i) that no application for leave to appeal directly to the House of Lords is pending;

(ii) that no extension of the time to apply for leave to appeal directly to the House of Lords has been granted or, if any such extension has been granted, that the time so extended has expired; and

(iii) that the time for any appeal to the Court of Appeal has expired; [[^f00189]...]

(g) [if the cause is a matrimonial cause, [^f00190]] that the provisions of Article 12(2) to (4) of the Order of 1978 do not apply or have been complied [[^f00191] with;]

(h) [^f00192] if the cause is a civil partnership cause, that the provisions of section 172(2) to (5) of the Act of 2004 do not apply or have been complied with;

(i) where the decree nisi was pronounced on the ground in Article 14(g) of, or paragraph 18(1)(e) of Schedule 3 to the Order of 1978—

(i) that there is not pending a reference under section 8(5) of the Gender Recognition Act 2004 in respect of the application on which the interim gender recognition certificate to which the petition relates was granted;

(ii) that that interim certificate has not been revoked under section 8(6)(b) of that Act; and

(iii) that no appeal is pending against an order under section 8(6)(a) of that Act,]

the Master shall make the decree absolute [[^f00193] or the conditional order final].

Provided that if the notice is lodged more than 12 months after the decree nisi [[^f00194] or conditional order], the Master may require the applicant to file an affidavit accounting for the delay and may make the decree absolute [[^f00195] or the conditional order final] if he thinks fit or refer the application to the judge.

Decree absolute [ or final order] on application

2.53

(1) In the following cases an application for a decree nisi to be made absolute [[^f00197] or a conditional order to be made final] shall be made to the judge by summons, that is to say—

(a) [[^f00198] in a matrimonial cause] where, within 6 weeks after a decree nisi has been pronounced, the Crown Solicitor gives to the proper officer or chief clerk, as the case may be, and to the party in whose favour the decree was pronounced a notice that he requires more time to decide whether to show cause against the decree being made absolute and the notice has not been withdrawn, [[^f00199]...]

(aa) [^f00200] in a civil partnership cause where, within 6 weeks after a conditional order has been pronounced, the Crown Solicitor gives to the proper officer or chief clerk, as the case may be, and to the party in whose favour the conditional order was made a notice that he requires more time to decide whether to show cause against the conditional order being made final and the notice has not been withdrawn, or]

(b) where there are other circumstances which in the opinion of the Master ought to be brought to the attention of the court before the decree nisi is made absolute [[^f00201] or the conditional order is made final].

Unless the court otherwise directs, the summons shall be served on every party to the cause (other than the applicant) and, in a case to which sub-paragraph (a), [(c) or (aa)] applies, on the Crown Solicitor.

(2) [^f00202]An application—

(a) by a spouse for a decree nisi pronounced against him to be made absolute may be made to the judge or the Master by summons to be served on the other spouse not less than 7 clear days before the day on which the application is to be heard, or

(b) by a civil partner for a conditional order pronounced against him to be made final may be made to the judge or the Master by summons to be served on the other civil partner not less than 7 clear days before the day on which the application is heard.]

Indorsement and certificate of decree absolute

2.54

(1) Where a decree nisi is made absolute, the Master shall make an indorsement to that effect on the decree, stating the precise time at which it was made absolute.

(2) On a decree nisi being made absolute, the proper officer or chief clerk, as the case may be, shall—

(a) send to the petitioner and the respondent a certificate in Form M11 or M12, authenticated by the appropriate seal, and

(b) if the cause is pending in the county court, notify the Matrimonial Office.

(3) A certificate in Form M11 or M12 that a decree nisi has been made absolute shall be issued to any person requiring it on payment of the prescribed fee.

(4) A central index of decrees absolute shall be kept in the Matrimonial Office and any person shall be entitled to require a search to be made therein, and to be furnished with a certificate of the result of the search, on payment of the prescribed fee.

[ lndorsement and certificate of final order

2.54A

(1) Where a conditional order is made final, the Master shall make an indorsement to that effect on the order, stating the precise time at which it was made final.

(2) On a conditional order being made final, the proper officer or chief clerk, as the case may be, shall—

(a) send to the petitioner and respondent a certificate in Form M11A or M12A, authenticated by the appropriate seal, and

(b) if the case is pending in the county court, notify the Matrimonial Office.

(3) A certificate in Form M11A or M12A that a conditional order has been made final shall be issued to any person requiring it on payment of the prescribed fee.

(4) A central index of final orders shall be kept in the Matrimonial Office and any person shall be entitled to require a search to be made therein, and to be furnished with a certificate of the result of the search, on payment of the prescribed fee.

Application under section 6 of the Gender Recognition Act 2004

2.54B

(1) This rule applies to an application made under section 6(1) of the Gender Recognition Act 2004 in respect of a full gender recognition certificate issued by a court under section 5(1) of that Act.

(2) The application shall be made to the court which issued the certificate, unless otherwise directed.

(3) Where the applicant is—

(a) the person to whom the certificate was issued, the Secretary of State shall be a respondent;

(b) the Secretary of State, the person to whom the certificate was issued shall be a respondent.

(4) Where the court issues a corrected gender recognition certificate under section 6(4) of the Gender Recognition Act 2004, the proper officer or chief clerk, as the case may be, shall send a copy of the corrected certificate to the Secretary of State.]

ANCILLARY RELIEF

Application by petitioner or respondent for ancillary relief

2.55

(1) Any application by a petitioner or by a respondent who files an answer claiming relief, for—

(a) an order for maintenance pending suit,

(aa) an order for maintenance pending outcome of proceedings,[^f00204]]

(b) a financial provision order,

(d) [^f00205] a sharing order,]

(e) [^f00206] a pension compensation sharing order,]

shall be made in the petition or answer, as the case may be.

(2) Notwithstanding anything in paragraph (1), an application for ancillary relief which should have been made in the petition or answer may be made subsequently—

(a) by leave of the court, either by notice in Form M13 or at the trial, or

(b) where the parties are agreed upon the terms of the proposed order, without leave by notice in Form M13.

(3) An application by a petitioner or respondent for ancillary relief, not being an application which is required to be made in the petition or answer, shall be made by notice in Form M13.

Application by parent, guardian etc. for ancillary relief in respect of children

2.56

(1) Any of the following persons, namely—

(a) a parent or guardian of any child of the family;

(b) any person in whose favour a residence order has been made with respect to a child of the family, and any applicant for such an order;

(d) an authority, where an order has been made under Article 50(1)(a) of the Order of 1995 placing a child in its care;

(e) the Official Solicitor if appointed the guardian ad litem of a child of the family under rule 6.6; and

(f) a child of the family who has been given leave to intervene in the cause for the purpose of applying for ancillary relief,

may apply for an order for ancillary relief as respects that child by notice in Form M13.

(2) In this rule—

“authority” has the meaning assigned to it by Article 2(1) and (3) of the Order of 1995;

“residence order” has the meaning assigned to it by Article 8(1) of the Order of 1995.

Application in Form M13 or M14

2.57

Where an application for ancillary relief is made by notice in Form M13 or an application under rule 2.48 is made by notice in Form M14, the notice shall—

(a) if the cause has been set down for trial in [[^f00207] the county court], be filed in the county court office, or

(b) in any other case be filed in the Matrimonial Office,

and within 7 days after filing the notice the applicant shall serve a copy on the respondent to the application.

Application for ancillary relief after order of court of summary jurisdiction

2.58

Where an application for ancillary relief is made while there is in force an order of a court of summary jurisdiction for maintenance of a spouse [[^f00208], civil partner] or child, the applicant shall file a copy of the order on or before the hearing of the application.

Children to be separately represented on certain applications

2.59

(1) Where an application is made to the High Court or [[^f00209] the county court] for an order for a variation of settlement the court shall, unless it is satisfied that the proposed variation does not adversely affect the rights or interest of any child concerned, direct that the child be separately represented on the application, either by a solicitor or by a solicitor and counsel, and may appoint the Official Solicitor or other fit person to be guardian ad litem of the child for the purpose of the application.

(2) On any other application for ancillary relief the court may give such a direction or make such appointment as it is empowered to give or make by paragraph (1).

(3) Before a person other than the Official Solicitor is appointed guardian ad litem under this rule there shall be filed a certificate by the solicitor acting for the child that the person proposed as guardian has no interest in the matter adverse to that of the child and that he is a proper person to be such guardian.

General provisions as to evidence, etc. on application for ancillary relief

2.60

(1) A petitioner or respondent who has applied for ancillary relief in his petition or answer and who intends to proceed with the application before the Master shall, subject to rule 2.70, file a notice in Form M15 and within 7 days after doing so serve a copy on the other spouse [[^f00210] or civil partner].

(2) Where a respondent or a petitioner is served with a notice in Form M13 or M15 in respect of an application for ancillary relief, not being an application to which rule 2.58 applies, then, unless the parties are agreed upon the terms of the proposed order, he shall, within 14 days after service of the notice, file an affidavit in answer to the application containing full particulars of his property and income, and if he does not do so, the court may order him to file an affidavit containing such particulars.

(3) Except where the application is for a variation order the applicant shall, within 14 days alter service of any affidavit under paragraph (2) or within such other time as the court may fix, file an affidavit in reply containing full particulars of his property and income.

Evidence on application for property adjustment or avoidance of disposition order

2.61

(1) Where an application is made for a property adjustment order, or an avoidance of disposition order, the application shall state briefly the nature of the adjustment proposed or the disposition to be set aside and the notice in Form M13 or M15, as the case may be, shall, unless the court otherwise directs, be supported by an affidavit by the applicant stating the facts relied on in support of the application.

(2) The affidavit in support shall contain, so far as known to the applicant, full particulars—

(a) in the case of an application for a transfer or settlement of property—

(i) of the property in respect of which the application is made,

(ii) of the property to which the party against whom the application is made is entitled in possession or in reversion;

(b) [^f00211] in the case of an application for a variation of settlement order—

(i) of all settlements—

(a) in a matrimonial cause, whether ante-nuptial or post-nuptial, made on the spouses, or

(b) in a civil partnership cause, whether prior to or after the formation of the civil partnership, and

(ii) of the funds brought into settlement by each spouse or civil partner, as the case may be;]

(i) of the property to which the disposition relates,

(ii) of the persons in whose favour the disposition is alleged to have been made and, in the case of a disposition alleged to have been made by way of settlement, of the trustees and the beneficiaries of the settlement.

(3) Where an application for a property adjustment order or an avoidance of disposition order relates to land, the affidavit in support shall, in addition to containing any particulars required by paragraph (2)—

(a) state if known to the applicant, whether the title to the land is registered or unregistered and, if registered, the Land Registry folio number,

(b) give particulars, so far as known to the applicant, of any mortgage, charge or lien whatsoever on the land or on any interest therein.

(4) A copy of Form M13 or M15, as the case may be, together with a copy of the supporting affidavit, shall be served on the following persons as well as on the respondent to the application, that is to say—

(a) in the case of an application for a variation of settlement order, the trustees of the settlement and the settlor if living,

(b) in the case of an application for an avoidance of disposition order, the person in whose favour the disposition is alleged to have been made,

(c) in the case of an application to which paragraph 3 refers, any mortgagee or chargee or person who claims a lien on the property of whose interest particulars are given pursuant to that paragraph,

and such other persons, if any, as the Master may direct.

(5) Any person served with notice of an application to which this rule applies may, within 14 days after service, file an affidavit in answer.

Evidence on application for variation order

2.62

An application for a variation order shall be supported by an affidavit by the applicant setting out full particulars of his property and income and the grounds on which the application is made.

Service of affidavit in answer or reply

2.63

(1) A person who files an affidavit for use on an application under rule 2.60, 2.61 or 2.62 shall at the same time serve a copy on the opposite party and, where the affidavit contains an allegation of adultery or of improper conduct with a named person, then, unless the court otherwise directs, it shall be indorsed with a notice in Form M16, and a copy of the affidavit or of such part thereof as the court may direct, indorsed as aforesaid, shall be served on that person by the person who files the affidavit, and the person against whom the allegation is made shall be entitled to intervene in the proceedings by applying for directions under rule 2.64(6) within 7 days after service of the affidavit on him.

(2) Rule 2.35(3) shall apply to a person served with an affidavit under paragraph (1) of this rule as it applies to a co-respondent.

Investigation by Master of application for ancillary relief

2.64

(1) On or after the filing of a notice in Form M13 or M15 an appointment shall be fixed for the hearing of the application by the Master.

(2) An application for an avoidance of disposition order shall, if practicable, be heard at the same time as any related application for financial relief.

(3) Notice of the appointment, unless given in Form M13 or M15 (as the case may be) shall be given to every party to the application.

(4) Any party to an application for ancillary relief may by letter require any other party to give further information concerning any matter contained in any affidavit filed by or on behalf of that other party or any other relevant matter, or to furnish a list of relevant documents or to allow inspection of any such document, and may, in default of compliance by such other party, apply to the Master for directions.

(5) At the hearing of an application for ancillary relief the Master shall, subject to rules 2.65 and 2.66, investigate the allegation made in support of and in answer to the application, and may take evidence orally and may at any stage of the proceedings, whether before or during the hearing, order the attendance of any person for the purpose of being examined or cross-examined, and order the discovery and production of any document or require further affidavits.

(6) The Master may at any stage of the proceedings give directions as to the filing and service of pleadings and as to the further conduct of the proceedings.

(7) Where any party to such an application intends on the day appointed for the hearing to apply only for directions, he shall file and serve on every other party a notice to that effect.

Order on application for ancillary relief

2.65

(1) Subject to rule 2.66, the Master shall, after completing his investigation under rule 2.64, make such order as he thinks just.

(2) Pending the final determination of the application, the Master may make an interim order upon such terms as he thinks just.

Reference of application to judge

2.66

The Master may at any time refer an application for ancillary relief, or any question arising thereon, to the judge for his decision.

Transfer of application for ancillary relief general provisions

2.67

(1) If [[^f00212] the county court] considers that an application for ancillary relief pending in that court gives rise to a contested issue of conduct of a nature which is likely materially to affect the question whether any, or what, order should be made therein and that for that reason the application should be transferred to the High Court, the court shall, subject to paragraph (5), make an order for transfer accordingly and, where an application is transferred to the High Court under this paragraph, it shall be heard by a judge.

(2) Where an application for ancillary relief is pending in [[^f00212] the county court] and the parties to the proceedings consent to the making of an order for the transfer of the application to the High Court, an application for that purpose may be made to the Master who shall, subject to paragraph (5), either order the transfer or refer the application to the judge for his decision.

(3) Without prejudice to paragraph (1) and (2), the court in which an application for ancillary relief is pending may, if it is [[^f00213] the county court], order the transfer of the application to the High Court or, if it is the High Court, order the transfer of the application to [[^f00212] the county court], where the transfer appears to the court to be desirable.

(4) The judge before hearing and the Master before investigating under rule 2.64 an application for ancillary relief pending in [[^f00214] the county court] shall consider whether the case is one in which the court should exercise any of its powers under paragraph (1) or (3).

(5) In considering whether an application should be transferred from [[^f00213] the county court] to the High Court or from the High Court to [[^f00213] the county court], the court shall have regard to all relevant considerations, including the nature and value of the property involved and the relief sought.

(6) Where a decree nisi [[^f00214] or conditional order] has been pronounced in the cause, the court shall, before making an order for the transfer of the application to the Court, consider whether it would be more convenient to transfer the cause to the High Court under rule 2.32.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) An order under paragraph (1) or (3) may be made by the court of its own motion or on the application of a party, but before making an order of its own motion the court shall give the parties an opportunity of being heard, and for that purpose shall cause notice to be given to the parties of the date, time and place at which the question will be considered.

Transfer for purpose of expedition

2.68

Without prejudice to the last foregoing rule, a judge or Master may, on the application of a party or of his own motion, order that an application for ancillary relief pending in the High Court or [[^f00214] the county court] shall be transferred to [[^f00214] the county court] or the High Court if he is of opinion that the transfer is desirable for the purpose of expediting the hearing of the application.

Arrangements for hearing of application etc. by judge

2.69

(1) Where an application for ancillary relief or any question arising thereon has been referred or adjourned to the judge, the proper officer or chief clerk, as the case may be, shall fix a date and time for the hearing of the application or the consideration of the question and give notice thereof to all parties.

(2) The hearing or consideration shall, unless the judge otherwise directs, take place in chambers.

(3) [In a matrimonial cause where [^f00214]] the application is proceeding in a ... county court, the hearing or consideration may be transferred to such county court as, in the opinion of the Master, is the most convenient.

(4) In a civil partnership cause, where an application is proceeding in a ... county court, the hearing or consideration may be transferred to such county court as, in the opinion of the Master, is the most convenient.[^f00215]]

Request for periodical payments order at same rate as order for maintenance pending suit [or outcome of proceedings ]

2.70

(1) Where at or after the date of a decree nisi of divorce or nullity of marriage [[^f00216] or a conditional order of dissolution or nullity of civil partnership] an order for maintenance pending suit [[^f00216] or maintenance pending outcome of proceedings, as the case may be,] is in force, the party in whose favour the order was made may, if he has made an application for an order for periodical payments for himself in his petition or answer, as the case may be, request the Master in writing to make such an order (in this rule referred to as a “corresponding order”) providing for payments at the same rate as those provided for by the order for maintenance pending suit [[^f00216] or outcome of proceedings].

(2) Where such a request is made, the applicant shall serve on the other spouse [[^f00216] or civil partner, as the case may be,] a notice in Form M17 requiring him, if he objects to the making of a corresponding order, to give notice to that effect to the proper officer or chief clerk, as the case may be, and to the applicant, within 14 days after service of the notice in Form M17.

(3) If the other spouse [[^f00216] or civil partner] does not give notice of objection within the time aforesaid the Master may make a corresponding order without further notice to that spouse [[^f00216] or civil partner] and without requiring the attendance of the applicant or his solicitor.

Application for order under Article 39(2)(a) of the Order of 1978 [ or paragraph 67(2) of Schedule 15 to the Act of 2004]

2.71

(1) An application under Article 39(2)(a) of the Order of 1978 [[^f00216] or paragraph 67(2) of Schedule 15 to the Act of 2004] for an order restraining any person from attempting to defeat a claim for financial provision or otherwise for protecting the claim may be made to the Master.

(2) Rules 2.66 and 2.69 shall apply, with the necessary modifications, to the application as if it were an application for ancillary relief.

2.72

(1) Subject to paragraphs (2) and (3) [, and rule 8.65], there shall be lodged with every application for a consent order under any [[^f00218] Articles 25, 26, 26A)] [[^f00219],26D] or 29 of the Order of 1978 [[^f00216]or Parts 1, 2, 3 [[^f00219], 3A] and 8 of Schedule 15 to the Act of 2004], a draft of the order in the terms sought, endorsed with a statement signed by the respondent to the application signifying his agreement, and a statement of information which may be made in more than one document and shall include:

(a) particulars of the duration of the marriage [[^f00216] or civil partnership], the age of each party and of any minor or dependant child of the family;

(b) an estimate in summary form of the approximate amount or value of the capital resources and net income of each party and of any minor child of the family;

(d) [^f00220] whether either party has subsequently married or formed a civil partnership or has any present intention to do so or to cohabit with another person;]

(dd) [^f00221] Where the order includes provision to be made under Article 26A, 26D, 27B or 27C of the Order of 1978 or under paragraphs 10, 14A, 20 and 21 of Schedule 15 to the Act of 2004, a statement confirming that the person responsible for the pension arrangement or the Board that has assumed responsibility for the pension arrangement in question has been served with the documents required by rule 2.73(11) or (12) or rule 2.73B(11) or (12) as the case may be and that no objection to such an order has been made by that person or by that Board within 21 days from such service.]

(e) where the terms of the order provide for a transfer of property, a statement confirming that any mortgagee of that property has been served with notice of the application and that no objection to such a transfer has been made by the mortgagee within 14 days from such service; and

(f) any other especially significant matters.

(2) Where an application is made for a consent order varying an order for periodical payments, paragraph (1) shall be sufficiently complied with if the statement of information required to be lodged with the application includes only the information in respect of net income mentioned in paragraph (1)(b), and an application for a consent order for interim periodical payments pending the determination of an application for ancillary relief may be made in like manner.

(3) Where the parties attend the hearing of an application for financial relief the court may dispense with the filing of a draft of the order and a statement of information in accordance with paragraph (1) and give directions for:

(a) the order to be drawn; and

(b) the information which would otherwise be required to be given, in such manner as it sees fit.

[ Pensions

2.73

(1) This rule applies where an application for ancillary relief has been made, or notice of intention to proceed with an application has been given, in Form M13 or M15, as the case may be, and the applicant or respondent has or is likely to have any benefits under a pension arrangement.

(2) [^f00223] Within seven days of the notice in Form M13 or M15, as the case may be, having been filed—

(a) in a matrimonial cause, the party with pension rights, and

(b) in a civil partnership cause, the civil partner with pension rights,

shall request the person responsible for each pension arrangement under which he has or is likely to have benefits to furnish the information referred to in regulation 2(2) and (3)(b) to (f) of the Pensions on Divorce etc. (Provision of Information) Regulations (Northern Ireland) 2000[^f00224].]

(3) Within seven days of receiving information under paragraph (2) the party with pension rights [[^f00225] or the civil partner with pension rights, as the case may be,] shall send a copy of it to the other party [[^f00225] or other civil partner], together with the name and address of the person responsible for each pension arrangement.

(4) A request under paragraph (2) above need not be made where the party with pension rights [[^f00225] or the civil partner with pension rights] is in possession of, or has requested, a relevant valuation of the pension rights or benefits accrued under the pension arrangement in question.

(5) In this rule, a relevant valuation means a valuation of pension rights or benefits as at a date to be specified by the court (being not earlier than one year before the date of the petition and not later than the date on which the court is exercising its power), which has been furnished or requested [[^f00226] for the purpose of] any of the following provisions:—

(a) the Pensions on Divorce etc. (Provision of Information) Regulations (Northern Ireland) 2000;

(b) regulation 5 of, and Schedule 2 to, the Occupational Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 1997[^f00227] and regulation 1] of, and Schedule 1 to, the Occupational Pension Schemes (Transfer Values) Regulations (Northern Ireland) 1996[^f00228];

(d) section 90(1)(b) of the Pension Schemes (Northern Ireland) Act 1993 or paragraph 2(1) (or, where applicable, 2(2)) of Schedule 2 to the Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 1987[^f00230]).

(6) As soon as practicable after making or giving notice of intention to proceed with an application for ancillary relief [[^f00231]which includes a request for a pension sharing order or upon adding such a request] to an existing application for ancillary relief, the applicant shall send to the person responsible for the pension arrangement concerned a copy of the notice in Form M13 or M15, as the case may be.

(7) As soon as practicable after making or giving notice of intention to proceed with an application for ancillary relief [[^f00231] which includes a request for a pension attachment order, or upon adding such a request] to an existing application for ancillary relief, the applicant shall send to the person responsible for the pension arrangement concerned—

(a) a copy of the notice in Form M13 or M15, as the case may be;

(b) an address to which any notice which the person responsible is required to serve on the applicant under the Divorce etc. (Pensions) Regulations (Northern Ireland) 2000[^f00232] [or the Dissolution etc. (Pensions) Regulations (Northern Ireland) 2005[^f00233], as the case may be, [^f00234]] is to be sent;

(d) where the address in sub-paragraph (c) is that of a bank, a building society or the Department of National Savings, sufficient details to enable payment to be made into the account of the applicant.

(8) A person responsible for a pension arrangement on whom a copy of a notice under paragraph (6) or (7) is served may, within 21 days after service, require [[^f00235] the party with pension rights or the civil partner with pension rights, as the case may be,] to provide him with an affidavit supporting his application, and [[^f00235] that party or civil partner] must then provide that person with a copy within 21 days.

(9) A person responsible for a pension arrangement who receives an affidavit as required pursuant to paragraph (8) may within the 21 days after receipt send to the court and [[^f00235] the party with pension rights or the civil partner with pension rights, as the case may be,] an affidavit in answer.

(10) A person responsible for a pension arrangement who files an affidavit in answer pursuant to paragraph (9) may file therewith a notice to the court requiring an appointment to be fixed, and where such a notice is filed—

(i) the proper officer or chief clerk shall fix an appointment for the hearing or further hearing of the application and shall give not less than 14 days’ notice of that appointment to [[^f00235] the party with pension rights or the civil partner with pension rights, as the case may be,] the respondent and the person responsible for the pension arrangement; and

(ii) the person responsible for the pension arrangement shall be entitled to be represented at such hearing.

(11) Where the parties [[^f00236]...] have agreed on terms of an order [[^f00235] which includes a pension sharing order], then, unless service has been effected under paragraph (6), they shall serve on the person responsible for the pension arrangement concerned the notice of application for a consent order under rule 2.72(1) and a draft of the proposed order complying with paragraph (14) below.

(12) Where the parties have agreed on the terms of an order [[^f00235] which includes a pension attachment order], then unless service has already been effected under paragraph (7), they shall serve on the person responsible for the pension arrangement concerned—

(a) the notice of application for a consent order under rule 2.72(1);

(b) a draft of the proposed order complying with paragraph (14) below; and

(13) No consent order under paragraph (11) or (12) shall be made unless either—

(a) the person responsible for the pension arrangement has not made any objection within 21 days after the service on him of such notice; or

(b) the court has considered any such objection

and for the purpose of considering any objection the court may make such directions as it sees fit for the person responsible to attend before it or to furnish written details of his objection.

(14) An order for ancillary relief, whether by consent or not, [[^f00237] which includes a pension sharing order or a pension attachment order], shall—

(a) in the body of the order, state that there is to be provision by way of pension sharing or pension attachment in accordance with the annexe or annexes to the order; and

(b) be accompanied by an annexe containing the information set out in paragraph (15) or paragraph (16) as the case may require, and if provision is made in relation to more than one pension arrangement there shall be one annexe for each pension arrangement.

(15) [Where an order for ancillary relief includes provision by way of pension sharing [^f00237]], the annexe shall state—

(a) the name of the court making the order, together with the case number and the title of the proceedings;

(b) that it is a pension sharing order made under Part III of the Order of 1978[[^f00238] or Part 3 of Schedule 15 to the Act of 2004;]

(d) the national insurance number of the transferor:

(e) sufficient details to identify the pension arrangement concerned and the transferor’s rights or benefits from it (for example a policy reference number);

(f) the specified percentage, or where appropriate the specified amount, required in order to calculate the appropriate amount for the purposes of Article 26(1) of the Order of 1999 (creation of pension debits and credits);

(g) how the pension sharing charges are to be apportioned between the parties or alternatively that they are to be paid in full by the transferor;

(h) that the person responsible for the pension arrangement has furnished the information required by regulation 4 of the Pensions on Divorce (Provision of Information) Regulations (Northern Ireland) 2000 and that it appears from that information that there is power to make an order including provision [[^f00237] by way of pension sharing];

(i) the day on which the order or provision takes effect; and

(j) that the person responsible for the pension arrangement concerned must discharge his liability in respect of the pension credit within a period of 4 months beginning with the day on which the order or provision takes effect or, if later, the first day on which the person responsible for the pension arrangement concerned is in receipt of—

(i) the order for ancillary relief, including the annexe;

(ii) [^f00239] in a matrimonial cause, the decree of divorce or nullity of marriage or, in a civil partnership cause, the conditional order of dissolution or nullity of the civil partnership;]

(iii) the information prescribed by regulation 5 of the Pensions on Divorce etc. (Provision of Information) Regulations (Northern Ireland) 2000;

provided that if the court knows that the implementation period is different from that stated in sub-paragraph (j) by reason of regulations under Article 31(4) or 38(2)(a) of the Order of 1999, the annexe shall contain details of the implementation period as determined by those regulations instead of the statement in sub-paragraph (j);

(k) where the order is made by consent, that no objection has been made by the person responsible for the pension arrangement, or that an objection has been received and considered by the court, as the case may be.

(16) [Where an order for ancillary relief includes provision by way of pension attachment [^f00240]], the annexe shall state—

(a) the name of the court making the order, together with the case number and the title of the proceedings;

(b) that it is an order making provision under Article 27B or 27C, as the case may be, of the Order of 1978 [[^f00241] or paragraph 20 or 21 of Schedule 15 to the Act of 2004];

(c) the names of the party with pension rights [[^f00242] or the civil partner with pension rights] and the other party [[^f00243] or other civil partner];

(d) the national insurance number of the party with pension rights [[^f00244] or the civil partner with pension rights];

(e) sufficient details to identify the pension arrangement concerned and the rights or benefits from it to which the party with pension rights [[^f00245] or the civil partner with pension rights] is or may become entitled (for example a policy reference number);

(f) in the case of an order including provision under Article 27B(4) of the Order of 1978 [[^f00246] or paragraph 20(2) of Schedule 15 to the Act of 2004], what percentage of any payment due to the party with pension rights [[^f00247] or the civil partner with pension rights] is to be paid for the benefit of the other party [[^f00248] or other civil partner];

(g) in the case of an order including any other provision under Article 27B or 27C of the Order of 1978 [[^f00249] or paragraph 20 or 21 of Schedule 15 to the Act of 2004], what the person responsible is required to do;

(h) the address to which any notice which the person responsible for the pension arrangement is required to serve on the other party under the Divorce etc. (Pensions) Regulations 2000 [[^f00250] or the other civil partner under The Dissolution etc. (Pensions) Regulations (Northern Ireland) 2005] is to be sent, if not notified under paragraph (7)(b);

(i) an address to which any payment which the person responsible is required to make to the other party [[^f00251] or the other civil partner] is to be sent, if not notified under paragraph (7)(c); [[^f00252]...]

(j) where the address in sub-paragraph (i) is that of a bank, a building society or the Department of National Savings, sufficient details to enable payment to be made into the account of the other party [[^f00253] or the other civil partner], if not notified under paragraph (7)(d);

(k) where the order is made by consent, that no objection has been made by the person responsible for the pension arrangement, or that an objection has been received and considered by the court, as the case may be.

(17) A court which makes, varies or discharges [[^f00254] a pension sharing order or a pension attachment order], shall send [[^f00255], or direct one of the parties to send] to the person responsible for the pension arrangement concerned—

(a) [^f00256] a copy of—

(i) the making of the relevant pension sharing or pension attachment order; or

(ii) in a civil partnership cause, the conditional order of dissolution, nullity of civil partnership or the order of separation;]

(b) [^f00257] in the case of—

(i) divorce or nullity of marriage, a copy of the certificate under rule 2.54 that the decree has been made absolute; or

(ii) dissolution or nullity of civil partnership, a copy of the certificate under rule 2.54 that the conditional order has been made final; and]

(c) a copy of that order, or as the case may be of the order varying or discharging that order, including any annexe to that order relating to that pension arrangement but no other annexe to that order.

(18) The documents referred to in paragraph (17) shall be sent—

(a) in a matrimonial cause, within 7 days after—

(i) the making of the relevant order; or

(ii) the decree absolute of divorce or nullity or decree of judicial separation, whichever is the later; and

(b) in a civil partnership cause, within 7 days after—

(i) the making of the relevant order; or

(ii) the final order of dissolution or nullity or order of separation,

whichever is the later.[^f00258]]

(19) In this rule—

(a) [in a matrimonial cause, [^f00259]] all words and phrases defined in Article 27D(3) and (4) of the Order of 1978 have the meanings assigned by those paragraphs; [[^f00260]...]

(aa) in a civil partnership cause, all the words and phrases defined in paragraphs 11(4) and (5) and 24 of Schedule 15 to the Act of 2004 have the meanings assigned by those paragraphs;[^f00261]]

(b) all words and phrases defined in Article 43 of the Order of 1999 have the meanings assigned by that Article.]

(i) in a matrimonial cause, an order making provision under Article 26A of the Order of 1978; and

(ii) in a civil partnership cause, an order making provision under paragraph 10 of Schedule 15 to the Act of 2004; and

(d) pension attachment order means—

(i) in a matrimonial cause, an order making provision under Article 27B or 27C of the Order of 1978; and

(ii) in a civil partnership cause, an order making provision under paragraphs 20 and 21 of Schedule 15 to the Act of 2004.[^f00261]]

[ Pension Protection Fund

2.73A

(1) This rule applies where—

(a) rule 2.73 applies; and

(b) the party with pension rights or the civil partner with pension rights (“the member”) receives or has received notification in compliance with the Pension Protection Fund (Provision of Information) Regulations (Northern Ireland) 2005[^f00263] (“the 2005 Regulations”)—

(i) from the person responsible for the pension arrangement that there is an assessment period in relation to the pension arrangement; or

(ii) from the Board that it has assumed responsibility for the pension arrangement, or part of it.

(2) If the person responsible for the pension arrangement notifies or has notified the member that there is an assessment period in relation to the pension arrangement, the member shall send to the other party or other civil partner—

(a) a copy of the notification; and

(b) a copy of the valuation summary,

in accordance with paragraph (3).

(3) The member shall send the documents referred to in paragraph (2)—

(a) if available, when he sends the information under rule 2.73(2); or

(b) otherwise, within 7 days of receipt.

(4) If—

(a) the pension arrangement is in an assessment period; and

(b) the Board notifies the member that it has assumed responsibility for the pension arrangement, or part of it,

the member shall—

(i) send a copy of the notification to the other party or other civil partner within 7 days of receipt and

(ii) comply with paragraph (5).

(5) Where paragraph (4) applies, the member shall—

(a) within 7 days of receipt of the notification, request the Board in writing to provide a forecast of his compensation entitlement as described in the Table in paragraph 1(2) of Schedule 1 to the 2005 Regulations; and

(b) send a copy of the forecast of his compensation entitlement to the other party or other civil partner within 7 days of receipt.

(6) In this rule—

(a) in a matrimonial cause, all words and phrases defined in Article 27E(9) of the Order of 1978 have the meanings assigned by that paragraph;

(b) in a civil partnership cause, all words and phrases defined in paragraph 32 of Schedule 15 to the Act of 2004 have the meanings assigned by that paragraph; and

(7) Paragraph (19) of rule 2.73 shall apply to this rule as it applies to rule 2.73.]

[Pension Protection Fund Compensation

2.73B

(1) This rule applies where an application for ancillary relief has been made, or notice of intention to proceed with an application has been given, in Form M13 or M15, as the case may be, and the applicant or respondent is the party with compensation rights.

(2) In this rule—

(a) “party with compensation rights”—

(i) in proceedings under the Order of 1978 and the Order of 1989, has the meaning given to it by Article 27G(4) of the Order of 1978;

(ii) in proceedings under the Act of 2004, has the meaning given to “civil partner with compensation rights” by paragraph 32(1) of Schedule 15 to the Act of 2004;

(b) in a matrimonial cause, all words and phrases defined in Article 23C and 27G(4) of the Order of 1978 have the meanings assigned by those Articles;

(c) in a civil partnership cause, all the words and phrases defined in paragraphs 14F and 32 of Schedule 15 to the Act of 2004 have the meanings assigned by those paragraphs;

(d) pension compensation sharing order means—

(i) in a matrimonial cause, an order making provision under Article 23B of the Order of 1978; and

(ii) in a civil partnership cause, an order making provision under paragraph 14B of Schedule 15 to the Act of 2004;

(e) pension compensation attachment order means—

(i) in a matrimonial cause, an order making provision under Article 27F of the Order of 1978; and

(ii) in a civil partnership cause, an order making provision under paragraph 29A of Schedule 15 to the Act of 2004.

(3) Within seven days of the notice in Form M13 or M15, as the case may be, having been filed the party with compensation rights, shall request the Board of the Pension Protection Fund (“the Board”) to provide the information about the valuation of entitlement to Pension Protection Fund (“PPF”) compensation referred to under regulation 4 of the Pension Protection Fund (Pension Compensation Sharing and Attachment on Divorce etc.) Regulations (Northern Ireland) 2011.

(4) Within seven days of receiving information under paragraph (3) the party with compensation rights shall send a copy of it to the other party together with the name and address of the person responsible for each pension scheme.

(5) Where the rights to PPF compensation are derived from rights under more than one pension scheme, the party with compensation rights must comply with this rule in relation to each entitlement.

(6) As soon as practicable after making or giving notice of intention to proceed with an application for ancillary relief which includes a request for a pension compensation sharing order or upon adding such a request to an existing application for ancillary relief, the applicant shall send to the Board a copy of the notice in Form M13 or M15, as the case may be.

(7) As soon as is practicable after making or giving notice of intention to proceed with an application for ancillary relief which includes a request for a pension compensation attachment order, or upon adding such a request to an existing application for ancillary relief, the applicant must serve a copy of the notice in Form M13 or M15, as the case may be on the Board and must at the same time send—

(a) an address to which any notice which the Board is required to serve on the applicant is to be sent;

(b) an address to which any payment which the Board is required to make to the applicant is to be sent; and

(c) where the address is sub-paragraph (b) is that of a bank, a building society or the Department of National Savings, sufficient details to enable the payment to be made into the account of the applicant.

(8) A Board on which a copy of a notice under paragraph (6) or (7) is served may, within 21 days after service, require the party with compensation rights to provide it with an affidavit supporting the application and that party must then provide that Board with a copy within 21 days.

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