The Family Proceedings (Amendment No. 2) Rules (Northern Ireland) 2005

(4.28) (1) An application for an order under Article 19 of the Council Regulation 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. (2) Where at any time after an application under rule 4.5 is made, it appears to the court that, under Articles 16 to 19 of the Council Regulation, the court is required or may be required to stay the proceedings, the court shall stay the proceedings and fix a date for a hearing to determine the questions of jurisdiction or admissibility and whether there should be a stay or other order and shall serve notice of the hearing on the parties to the proceedings. (3) The court shall give reasons for its decision under Articles 16 to 19 of the Council Regulation and, where it makes a finding of fact, state such finding of fact. (4) A declaration under Article 17 of the Council Regulation that the court has no jurisdiction over the proceedings or an order under Article 19 of the Council Regulation declining jurisdiction shall be recorded in writing. (5) The court may, if all parties agree, deal with any question about the jurisdiction of the court without a hearing.

77

In rule 5.1 (Appeal from a divorce county court to the Court of Appeal)—

• (a) in the heading, for “divorce county court” substitute “designated county court”;

• (b) after “the Order of 1998” insert “or section 189(1) of the Act of 2004”;

• (c) for “decree or order” substitute “decree, civil partnership order or other order”;

• (d) for “in divorce county court proceedings” substitute “in proceedings in a designated county court”; and

• (e) for “a divorce county court” substitute “a designated county court”.

78

After rule 5.3, insert—

(5.4) (1) R.S.C. Order 55[^f00010] applies to an appeal to the High Court under section 8(1) of the Gender Recognition Act 2004 subject to the modifications made by this rule. (2) The notice of the originating motion shall be— (a) issued out of the Matrimonial Office; (b) served on the Secretary of State in addition to the person to be served under R.S.C. Order 55 rule 15(1). (3) The Secretary of State may appear and be heard in the proceedings on the appeal. (4) Where the High Court issues a gender recognition certificate under section 8(3)(a) of the Gender Recognition Act 2004, the proper officer shall send a copy of that certificate to the Secretary of State.

79

In rule 6.5 (Petition for nullity on ground of insanity, etc)—

• (a) in paragraph (1), after “nullity” insert “of marriage”; and

• (b) after paragraph (1) insert—

(1A) Where a petition for nullity of civil partnership has been presented on the ground that at the time of the formation of the civil partnership the respondent was suffering from mental disorder within the meaning of the Mental Health (Northern Ireland) Order 1986[^f00011] of such a kind or to such an extent as to be unfitted for civil partnership, then, whether or not the respondent gives notice of intention to defend, the petitioner shall not proceed with the cause without the leave of the Master.

80

In rule 7.7 (Filing of documents at place of hearing, etc), after “matrimonial proceedings” insert “or civil partnership proceedings”.

81

In rule 7.9 (Copies of Decrees and Order)—

• (a) in the heading, for “and Order” substitute “, civil partnership orders and other orders”;

• (b) in paragraph (1), for “or order” substitute “, civil partnership order or other order”; and

• (c) in paragraph (2), for “or order” substitute “, civil partnership order or other order”.

82

In rule 7.12 (Inspection of documents retained in court), in paragraph (2), for “decree or order” substitute “decree, civil partnership order or other order”.

83

After rule 7.13 insert—

(7.13A) (1) This rule applies to all documents in family proceedings brought under— (a) Article 14(g) or (h) of, or paragraph 18(1)(e) of Schedule 3 to, the Order of 1978; (b) section 174(1)(d) or (e) of the Act of 2004; and (c) the Gender Recognition Act 2004. (2) Documents to which this rule applies shall, while they are in the custody of the court, be kept in a place of special security.

84

In rule 7.17 (Practice to be observed in the Matrimonial Office and divorce county courts)—

• (a) in the heading, for “divorce county courts” substitute “designated county courts”;

• (b) after “matrimonial proceedings” insert “and civil partnership proceedings”; and

• (c) for “divorce county courts” substitute “designated county courts”.

85

In rule 8.1 (Application), after the definition of “matrimonial order” insert—

• “civil partnership order” means an order made in civil partnership proceedings for the periodical payment of money;

86

In rule 8.2 (Attachment of debt due to judgment debtor), in paragraph (1), after “a matrimonial order” insert “or a civil partnership order”.

87

In rule 8.11 (Order imposing a charge on securities), in paragraph (1), after “a matrimonial order” insert “or a civil partnership order”.

88

In rule 8.17 (Money in court: charging order), in paragraph (1), after “a matrimonial order” insert “or a civil partnership order”.

89

In rule 8.27 (Attachment of earnings), for “matrimonial proceedings in a county court” substitute “matrimonial proceedings or civil partnership proceedings in a designated county court”.

90

In rule 8.29 (Application for issue of judgment summons), in paragraph (1), in the definition of “order”, after “in matrimonial proceedings”, in each place it appears, insert “or civil partnership proceedings”.

91

In rule 8.31 (Special provisions as to judgment summonses in divorce county courts)—

• (a) in the heading, for “divorce county courts” substitute “designated county courts”; and

• (b) for “divorce county court” substitute “designated county court”.

92

In rule 8.32 (Removal of divorce county court order into High Court)—

• (a) in the heading, for “divorce county court order” substitute “designated county court order”; and

• (b) after “matrimonial proceedings” insert “or civil partnership proceedings”.

93

In rule 8.33 (Interpretation)—

• (a) for “Article 13” substitute “Article 2(4)”; and

• (b) after “the Council Regulation” insert “and in rules 8.44, 8.45, 8.47 and 8.48 “the Central Authority of Northern Ireland” means the Northern Ireland Court Service”.

94

In rule 8.35 (Application for registration), for “Article 21(2)” substitute “Article 28(2)”.

95

In rule 8.36 (Evidence in support of application), in paragraph (1)—

• (a) for “Article 21(2)” substitute “Article 28(2)”; and

• (b) in sub-paragraph (a), in head (v), for “Annex IV or Annex V” substitute “Annex I or Annex II”.

96

In rule 8.37 (Order for registration)—

• (a) in paragraph (1), for “Article 21(2)” substitute “Article 28(2)”; and

• (b) in paragraph (3), for “Article 12” substitute “Article 20”.

97

In rule 8.38 (Register of judgments), for “Article 21(2)” substitute “Article 28(2)”.

98

In rule 8.39 (Notice of registration), in paragraph (1), for “Article 21(2)” substitute “Article 28(2)”.

99

In rule 8.40 (Enforcement of judgment)—

• (a) in paragraph (1), for “Article 21(2)” substitute “Article 28(2)”;

• (b) in paragraph (2), for “Article 21(2)” substitute “Article 28(2)”; and

• (c) in paragraph (3), for “Article 12” substitute “Article 20”.

100

In rule 8.41 (Application for recognition)—

• (a) in the heading, after “recognition” insert “or non-recognition”;

• (b) in paragraph (1), for “Article 14(3)” substitute “Article 21(3)”; and

• (c) in paragraph (2)—

• (i) after “recognition” insert “or non-recognition”; and

• (ii) for “Article 21(2)” substitute “Article 28(2)”.

101

In rule 8.42 (Enforcement of judgments in other Contracting States)—

• (a) in the heading, after “Enforcement” insert “or recognition”;

• (b) in paragraph (1)—

• (i) after “judgment” insert “or certificate”; and

• (ii) for “Article 32(1)” substitute “Articles 37(1) or 45(1)”;

• (c) in paragraph (2)—

• (i) omit “such”;

• (ii) after “application” insert “for a certified copy of a judgment”; and

• (d) after paragraph (2), insert—

(2A) A witness statement or affidavit by which an application for a certificate is made shall give— (a) particulars of the proceedings in which the judgment was obtained; (b) the full name, country and place of birth and date of birth of the parties; (c) details of the type of certificate applied for and the reasons for making the application; and (d) where the application is for a certificate under Annex II to the Council Regulation— (i) the full name, and if known, the address and the date and place of birth of any other person with parental responsibility; and (ii) information as to whether or not the judgment entails the return of a child wrongfully removed or retained in another Member State and if so, the full name and address of the person to whom the child should be returned.

102

In rule 8.43 (Authentic instruments and court settlements), for “Article 13(3)” substitute “Article 46”.

103

After rule 8.43 insert the following new rules—

(8.44) (1) The court shall serve a certificate issued under Article 41 of the Council Regulation, or a certificate rectified under rule 8.48, on all the parties and the Central Authority of Northern Ireland. (2) The Central Authority of Northern Ireland shall serve such a certificate as mentioned in paragraph (1) on the Central Authority of the relevant Member State. (8.45) The Central Authority of Northern Ireland shall keep a register of certificates issued under Article 41. (8.46) (1) A party may make an application that proceedings, or a specific part of those proceedings, be heard in another Member State pursuant to Article 15 of the Council Regulation. (2) An application under paragraph (1) shall be made— (a) to the court in which the relevant parental responsibility proceedings are pending; and (b) the application shall be made by notice to attend before the judge on a day specified in the notice and such notice shall be filed and served on the respondents not less than 5 days before the hearing of the application. (3) An application made under paragraph (1) shall be supported by an affidavit, which shall contain evidence of the child’s particular connection to the other Member State in accordance with Article 15(3) of the Council Regulation. (4) The respondents referred to in paragraph (2)(b) are any other parties, the child and the Central Authority of the relevant Member State. (5) In this rule references to “the child” are references to the child who is the subject of the parental responsibility proceedings. (8.47) (1) A court of another Member State may make an application that proceedings, or a specific part of those proceedings, be heard in that Member State pursuant to Article 15 of the Council Regulation. (2) An application under paragraph (1) shall be made in the first instance to the Central Authority of Northern Ireland. (3) The Central Authority of Northern Ireland shall forward an application made under paragraph (1) to the court in which the parental responsibility proceedings are pending, or where there are no pending proceedings, to the Matrimonial Office. (4) Upon receipt of such an application the proper officer or chief clerk, as the case may be, shall serve a copy of the application on all other parties in Northern Ireland not less than 5 days before the hearing of the application. (5) A decision to accept or refuse jurisdiction under Article 15 of the Council Regulation shall be served on all parties, the Central Authority of the relevant Member State and the Central Authority of Northern Ireland. Service on a Central Authority of another Member State shall be made by the Central Authority of Northern Ireland. (8.48) (1) Where there is an error in a certificate issued under Article 41 the court which issued the certificate may rectify that error. (2) A rectification under paragraph (1) may be made— (a) by the court of its own motion; or (b) pursuant to an application by— (i) any party to the proceedings; (ii) the Central Authority of Northern Ireland; or (iii) the Central Authority of another Member State. (3) Any application under sub-paragraph (2)(b) may be made without notice being served on any other party.

104

In Appendix 1 (Forms)—

• (a) in the list of forms—

• (i) after the entry relating to Form M5, in the first column insert “Form M5A” and in the second column insert “Notice of Proceedings: Civil Partnership Act 2004”;

• (ii) after the entry relating to Form M6, in the first column insert “Form M6A” and in the second column insert “Acknowledgement of Service: Civil Partnership Act 2004”;

• (iii) for the entry relating to Form M10, in the second column insert “Notice of Application for Decree Nisi to be Made Absolute or Conditional Order to be Made Final”;

• (iv) after the entry relating to Form M11, in the first column insert “Form M11A”and in the second column insert “Certificate of Making Conditional Order for Dissolution Final”;

• (v) after the entry relating to Form M12, in the first column insert “Form M12A”and in the second column insert “Certificate of Making Conditional Nullity Order Final”;

• (vi) after the entry relating to Form M26, in the first column insert “Form M26A”and in the second column insert “Declaration as to Civil Partnership Status under section 181 of the Civil Partnership Act 2004”;

• (vii) after the entry relating to Form C1, in the first column, insert “Form C1A” and in the second column insert “Supplemental Information Form”;

• (b) in Form M1 (Originating Summons)—

• (i) for “Marriage” substitute “[Marriage] [Civil Partnership]”;

• (ii) for “marriage”, in each place it appears, substitute “[marriage] [civil partnership]”; and

• (iii) for “solemnized” substitute “[solemnized] [formed]”;

• (c) in Form M4 (Statement of Arrangements for Children)—

• (i) after “petition for divorce” insert “or dissolution”;

• (ii) for “husband/wife”, in each place it appears, substitute “[spouse] [civil partner]”; and

• (iii) for “divorce petition”, in each place it appears, substitute “petition for divorce or dissolution”;

• (d) in Form M5 (Notice of Proceedings)—

• (i) in paragraph 2A(b)—

• (aa) for “Articles 9 and 11” substitute “Articles 16, 17 and 19”;

• (bb) for “1347/2000 of 29th May 2000 on” substitute “2201/2003 of 27th November 2003 concerning”;

• (cc) for “in”, the second time it appears, substitute “the”; and

• (dd) omit “for children of both spouses”.

• (ii) after paragraph 13 insert—

(14) If the petition is brought on the ground that an interim gender recognition certificate has been issued to a party to the marriage (under Article 14(g) of, or paragraph 18(1)(e) of the Matrimonial Causes (Northern Ireland) Order 1978) and such a certificate has been issued to you, you shall, when returning the acknowledgement of service, attach to it a copy of your interim certificate. (15) If the petition is brought on the ground that your gender was the acquired gender at the time of the marriage under the Gender Recognition Act 2004 (under Article 14(h) of the Matrimonial Causes (Northern Ireland) Order 1978) and a full gender recognition certificate has been issued to you, you shall, when returning the acknowledgement of service, attach to it a copy of your full certificate

• (e) after Form M5 insert the new Form M5A (Notice of Proceedings: Civil Partnership Act 2004) set out in Schedule 1 to these Rules;

• (f) in Form M6 (Acknowledgement of Service), in paragraph 1A(e), for “Article 11” substitute “Article 19”.

• (g) after Form M6 insert the new Form M6A (Acknowledgement of Service: Civil Partnership Act 2004) set out in Schedule 2 to these Rules;

• (h) in Form M8 (Certificate of Readiness), in the note, for “divorce county court” substitute “designated county court”;

• (i) for Form M10 substitute the new Form M10 (Notice of Application for Decree Nisi to be Made Absolute or Conditional Order to be Made Final) set out in Schedule 3 to these Rules;

• (j) after Form M11 insert the new Form M11A (Certificate of Making Conditional Order for Dissolution Final) set out in Schedule 4 to these Rules;

• (k) after Form M12 insert the new Form 12A (Certificate of Making Conditional Nullity Order Final) set out in Schedule 5 to these Rules;

• (l) in Form M13, after “maintenance pending suit” insert “, maintenance pending outcome of proceedings”;

• (m) in Form M14 (Notice of Application under Rule 2.48)—

• (i) for “Article 12(2) of the Matrimonial Causes (Northern Ireland) Order 1978” substitute “[Article 12(2) of the Matrimonial Causes (Northern Ireland) 1978] [section 172(2) of the Civil Partnership Act 2004]”; and

• (ii) for “divorce” substitute “[divorce] [dissolution]”; and

• (iii) after “decree nisi” insert “or conditional order”.

• (n) in Form M17 (Notice of Request for Periodical Payments Order at Same Rate as Order for Maintenance Pending Suit)—

• (i) in the title, for “Maintenance Pending Suit” substitute “[Maintenance Pending Suit] [Maintenance Pending Outcome of Proceedings]”; and

• (ii) for “maintenance pending suit” substitute “[maintenance pending suit] [maintenance pending outcome of proceedings]”;

• (o) in Form M18—

• (i) in the title, for “In the matter of an application by AB under Article 29 of the Matrimonial Causes (Northern Ireland) Order 1978.” substitute—

• [In the matter of an application under Article 29 of the Matrimonial Causes (Northern Ireland) Order 1978.]
• [In the matter of an application under Part 8 of Schedule 15 to the Civil Partnership Act 2004.]

; and

• (ii) for “lawful husband” substitute “the [spouse] [civil partner]”;

• (p) in Form M20, in the heading, for “IN THE MATTER of an application under Article 37 of the Matrimonial Causes (Northern Ireland) Order 1978” substitute—

• [IN THE MATTER of an application under Article 37 of the Matrimonial Causes (Northern Ireland) Order 1978]
• [IN THE MATTER of an application under paragraph 62 of Schedule 15 to the Civil Partnership Act 2004]

• (q) in Form M21, in the title, for “IN THE MATTER of an application under Article 38 of the Matrimonial Causes (Northern Ireland) Order 1978” substitute—

• [IN THE MATTER of an application under Article 38 of the Matrimonial Causes (Northern Ireland) Order 1978]
• [IN THE MATTER of an application under paragraph 66 of Schedule 15 to the Civil Partnership Act 2004]

• (r) after Form M26 insert the new Form M26A (Declaration as to Civil Partnership Status under section 181 of the Civil Partnership Act 2004) set out in Schedule 6 to these Rules;

• (s) in Form M27—

• (i) in the title for “Ex Parte Originating Summons under Article 17 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989” substitute—

• [Ex Parte Originating Summons under Article 17 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989]
• [Paragraph 4 of Schedule 17 to the Civil Partnership Act 2004]

• (ii) for “In the matter of an application under Article 17 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989” substitute—

• [In the matter of an application under Article 17 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989]
• [In the matter of an application under paragraph 4 of Schedule 17 to the Civil Partnership Act 2004]

; and

• (iii) for “Part IV of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989” substitute “[Part IV of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989] [Schedule 17 to the Civil Partnership Act 2004]”;

• (t) in Form M28 in the heading—

• (i) in the title, for “Originating Summons under Article 16 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989” substitute—

• [Originating Summons under Article 16 of the Matrimonial and Family Proceedings (Northern Ireland) 1989]
• [Originating Summons under paragraph 2 of Schedule 17 to the Civil Partnership Act 2004]

; and

• (ii) for “In the matter of an application under Article 16 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989” substitute—

• [In the matter of an application under Article 16 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989]
• [In the matter of an application under paragraph 2 of Schedule 17 to the Civil Partnership Act 2004]

• (u) in Form M29—

• (i) in the title for “Originating Summons under Article 28 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989” substitute—

• [Originating Summons under Article 28 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989]
• [Originating Summons under Part 2 of Schedule 17 to the Civil Partnership Act 2004]

• (ii) for “In the matter of an application under Article 28 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989” substitute—

• [In the matter of an application under Article 28 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989]
• [In the matter of an application under Part 2 of Schedule 17 to the Civil Partnership Act 2004]

; and

• (iii) for “Part IV of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989” substitute “[Part IV of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989] [Part 2 of Schedule 17 to the Civil Partnership Act 2004]”;

• (v) in Form C1 (Application for an Order)—

• (i) in the heading, for “Divorce County Court” substitute “Designated County Court”;

• (ii) before paragraph 1 insert the following note—

• Important Note: you should only answer question 6A if you are asking the court to make an Article 8 Order

• (iii) after paragraph 6 insert—

(6A) Domestic abuse, violence or harm Do you believe that the child(ren) named above have suffered or are at risk of suffering any harm from any of the following or through seeing or hearing any of the following: - any form of domestic abuse - violence within the household - other conduct or behaviour - ill treatment of another person - by any person who is or who has been involved in caring for the child(ren) or lives with, or has contact with, the child(ren)? Please tick the box which applies□Yes□No - If you tick the Yes box, you must also fill in Supplemental Information Form (Form C1A). You can obtain a copy of this from a court office if one has not been enclosed with the papers served on you.

; and

• (iv) in paragraph 9—

• (aa) for “mother and father” substitute “parents”; and

• (bb) after “married to each other” insert “or civil partners of each other”;

• (w) after Form C1 insert the new Form C1A (Supplemental Information Form) set out in Schedule 7 to these Rules;

• (x) in Form C2 (Application)—

in the heading, for “Divorce County Court” substitute “Designated County Court”;

• (i) before paragraph 1 insert—

• Important Note: you should only answer question 3A if you are asking the court to make an Article 8 Order

; and

• (ii) after paragraph 3 insert—

(3A) Domestic abuse, violence or harm Do you believe that the child(ren) named above have suffered or are at risk of suffering any harm from any of the following or through seeing or hearing any of the following: - any form of domestic abuse - violence within the household - other conduct or behaviour - ill treatment of another person - by any person who is or who has been involved in caring for the child(ren) or lives with, or has contact with, the child(ren)? Please tick the box which applies□Yes□No - If you tick the Yes box, you must also fill in Supplemental Information Form (Form C1A). You can obtain a copy of this from a court office if one has not been enclosed with the papers served on you.

• (y) in Forms C3, C6, C7, C8 to C17, C20 to C43, F1, F4, F5, F7 and F8, in the heading, for “Divorce County Court” substitute “Designated County Court”;

• (z) for Form C4 substitute the new Form C4 (Acknowledgement) set out in Schedule 8 to these Rules;

• (aa) in Form C7A (Statement of Means)—

• (i) in the heading, for “Divorce County Court” substitute “Designated County Court”;

• (ii) in paragraph 1, after “married,” insert “in a civil partnership,”; and

• (iii) in paragraph 2, after “spouse,” insert “civil partner,”;

• (bb) for Form F2 substitute the new Form F2 (Application for a Non-Molestation Order/an Occupation Order) set out in Schedule 9 to these Rules;

• (cc) in Form F3 (Notice of Proceedings)—

• (i) in the heading, for “Divorce County Court” substitute “Designated County Court”; and

• (ii) in Note 4—

• (aa) after “marriage” insert “or civil partnership”;

• (bb) after “divorce proceedings etc” insert, on a new line—

or under Part 2 of Schedule 15 to the Civil Partnership Act 2004 (property adjustment on or after dissolution, nullity or separation); and (cc) for “the length of time during which you have lived together as husband and wife” substitute “the length of time during which you have lived together as husband and wife or civil partners”;

• (dd) in Form F9, for “Divorce County Court”, in each place it appears, substitute “Designated County Court”; and

• (ee) in Form A2 (Application for an Order Freeing a Child for Adoption (without Parental Consent), in paragraph 2 under Particulars of the Child, after “married” insert “ or a civil partner”.

105

In Appendix 2 (Contents of Petition)—

• (a) in paragraph 1—

• (i) in sub-paragraph (a)—

• (aa) after “marriage”, the first time it appears, insert “or civil partnership, as the case may be;”; and

• (bb) after “marriage”, the second time it appears, insert “or the date on and place at which the civil partnership was formed, as the case may be”;

• (ii) for sub-paragraph (b) substitute—

(b) the last address at which— (i) in a matrimonial cause, the parties to the marriage have lived together as husband and wife, and (ii) in a civil partnership cause, the parties to the civil partnership have lived together as civil partners of one another;

• (iii) for sub-paragraph (bb) substitute—

(bb) where it is alleged that the court has jurisdiction— (i) under the Council Regulation, the grounds of jurisdiction under Article 3(1) of the Council Regulation.

• (iv) after sub-paragraph (d) insert—

(da) where it is alleged that the court should assume jurisdiction under section 229(1)(c) or (2)(c) of the Act of 2004, the facts and matters relied on in support of that assertion;

• (v) in sub-paragraph (g), at the beginning, insert “in a matrimonial cause,”;

• (vi) after sub-paragraph (g) insert—

(ga) in a civil partnership cause, whether (to the knowledge of the petitioner) any other child now living has been born to either of the civil partners during the civil partnership and, if so, the full names (including surname) of the child and his date of birth or, if it be the case, that he is over 18;

• (vii) in sub-paragraph (k)—

• (aa) after “marriage”, in each place it appears, insert “or civil partnership”; and

• (bb) in head (ii), for “decree or order” substitute “decree, civil partnership order or other order”;

• (viii) in sub-paragraph (1)—

• (aa) after “marriage” insert “or civil partnership”;

• (bb) in head (v), at the beginning, insert “in a matrimonial cause,”; and

• (cc) after head (v) insert—

(vi) in a civil partnership cause, such other facts as may be relevant to the question whether the proceedings on the petition should be stayed under the Family Proceedings (Civil Partnership: Staying of Proceedings) Rules (Northern Ireland) 2005

• (ix) for sub-paragraph (o) substitute—

(o) In the case of— (i) a petition for divorce, that the marriage has broken down irretrievably, or (ii) a petition for dissolution, that the civil partnership has broken down irretrievably;

• (x) in sub-paragraph (p), at the beginning, insert “in a matrimonial cause,”; and

• (xi) after sub-paragraph (p) insert—

(pa) in a civil partnership cause, the fact alleged by the petitioner for the purposes of section 168(5) of the Act of 2004 or, where the petition is not for a dissolution or separation order, the ground on which relief is sought, together in any case with brief particulars of the individual facts relied on but not the evidence by which they are to be proved;

• (b) for paragraph 2 substitute—

(2) (1) In a matrimonial cause, a petition for a decree of nullity under Article 14(e), (f) or (h) of the Order of 1978 shall state whether the petitioner was at the time of the marriage ignorant of the facts alleged. (2) In a civil partnership cause, a petition for a nullity order under section 174 (1)(c) or (e) of the Act of 2004 shall state whether the petitioner was at the time of the civil partnership ignorant of the facts alleged.

; and

• (c) for paragraph type=start slip=2014-06-01 time=14025847731903type=end slip=2014-06-01 time=1402584773190 substitute—

(3) A petition for— (a) a decree of presumption of death and dissolution of marriage, or (b) an order for presumption of death and dissolution of civil partnership shall state— (i) the last place at which the parties to the marriage or civil partnership, as the case may be, cohabited; (ii) the circumstances in which the parties ceased to cohabit; (iii) the date and place where the respondent was last seen or heard of; and (iv) the steps which have been taken to trace the respondent.

Consequential and transitional provision

106

• (1) Where proceedings have been commenced before the date on which these Rules come into force, the 1996 Rules shall apply to those proceedings as if these Rules had not been made.

• (2) Notwithstanding paragraph (1), in proceedings commenced before these Rules come into force—

• (a) where the 1996 Rules require the use of any form, that form may be used in those proceedings as amended or substituted by these Rules; and

• (b) any requirement in the 1996 Rules (including in any of the forms)—

• (i) to state if either party to a marriage has remarried shall be read as also requiring him to indicate if either party has entered into a civil partnership; and

• (ii) to state if either party has any intention to marry or remarry shall be read as also requiring him to indicate if either party has any intention to enter into a civil partnership.

SCHEDULE 1 — FORM TO BE INSERTED IN THE FAMILY PROCEEDINGS RULES (NORTHERN IRELAND) 1996

SCHEDULE 2 — FORM TO BE INSERTED IN THE FAMILY PROCEEDINGS RULES (NORTHERN IRELAND) 1996

SCHEDULE 3 — FORM TO BE SUBSTITUTED IN THE FAMILY PROCEEDINGS RULES (NORTHERN IRELAND) 1996

SCHEDULE 4 — FORM TO BE INSERTED IN THE FAMILY PROCEEDINGS RULES (NORTHERN IRELAND) 1996

SCHEDULE 5 — FORM TO BE INSERTED IN THE FAMILY PROCEEDINGS RULES (NORTHERN IRELAND) 1996

SCHEDULE 6 — FORM TO BE INSERTED IN THE FAMILY PROCEEDINGS RULES (NORTHERN IRELAND) 1996

SCHEDULE 7 — FORM TO BE INSERTED IN THE FAMILY PROCEEDINGS RULES (NORTHERN IRELAND) 1996

SCHEDULE 8 — FORM TO BE SUBSTITUTED IN THE FAMILY PROCEEDINGS RULES (NORTHERN IRELAND) 1996

SCHEDULE 9 — FORM TO BE SUBSTITUTED IN THE FAMILY PROCEEDINGS RULES (NORTHERN IRELAND) 1996

Signed

Brian Kerr — David Smyth — John Gillen — Charles Redpath — Hilary Keegan — Kathleen Finlay — Anne Marie Kelly — Catherine Dixon — Dated 7th November 2005

Signed by the authority of the Lord Chancellor

I concur

Bridget Prentice — Parliamentary Under-Secretary of State, — Department for Constitutional Affairs — Dated 10th November 2005

Explanatory note

(This note is not part of the Order)

These rules amend the Family Proceedings Rules (Northern Ireland) 1996 (S.R. 1996 No. 322), which apply to proceedings in the High Court and county court, in consequence of the Civil Partnership Act 2004 (c. 33), the Gender Recognition Act 2004 (c. 7), Council Regulation (EC) No. 2201/2003 of 27th November 2003 (Brussels IIa Regulation) and the Law Reform (Miscellaneous Provisions) (Northern Ireland) Order 2005. They also make a number of minor amendments to forms prescribed by the Family Proceedings Rules to ensure that allegations of domestic violence are raised at the commencement of proceedings under Article 8 of the Children (Northern Ireland) Order 1995.

The Civil Partnership Act 2004 introduces a statutory civil registration procedure to allow same-sex couples to make a formal, legal commitment to each other by entering into a civil partnership. The Rules amend the Family Proceedings Rules to prescribe procedures for proceedings under the Civil Partnership Act. These procedures are similar to those which currently exist for comparable proceedings relating to marriage. In summary, these procedures are prescribed in relation to applications under the following provisions of the 2004 Act:

• section 161 (dissolution order, nullity order, presumption of death order or separation order);

• section 181 (declarations);

• Schedule 15 (financial relief in the High Court or a county court in Northern Ireland); and

• Schedule 17 (financial relief in Northern Ireland after overseas dissolution etc. of a civil partnership).

The Gender Recognition Act 2004 provides for transsexual persons to obtain legal recognition in their acquired gender. A person may apply to a Gender Recognition Panel. If the applicant meets the statutory criteria and is unmarried, the Panel will issue to him a full gender recognition certificate. If he is married, the Panel will issue to him an interim gender recognition certificate. The Gender Recognition Act amended the Matrimonial Causes (Northern Ireland) Order 1978 to add two new grounds of nullity, where an interim or full gender recognition certificate has been issued to a party to the marriage. The amendments to the Family Proceedings Rules in consequence of the Gender Recognition Act 2004 make provision:

• in relation to the new grounds of nullity, in particular, require a copy of the relevant gender recognition certificate to be attached to the pleadings in proceedings under either ground and require the Secretary of State to be notified of proceedings brought on the ground of issue of an interim gender recognition certificate;

• for an application for a corrected certificate, where the court has issued a full gender recognition certificate containing an error;

• for an applicant who has been refused a gender recognition certificate to appeal to the High Court on a point of law; and

• for a reference to the High Court by the Secretary of State where he considers an application to have been granted by fraud.

Council Regulation (EC) No. 2201/2003 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility reproduced and repealed Council Regulation (EC) No. 1347/2000 of 29th May extending it to include matters of parental responsibility where there are no matrimonial proceedings. The amendments in consequence of Council Regulation (EC) No. 2201/2003 update the Family Proceedings Rules to make reference to the new Council Regulation and the correct Article of it. They also make provision:

• for a stay under the Council Regulation of children proceedings;

• to prescribe the procedure for applications under Article 15 of the new Council Regulation; and

• relating to certificates under Article 41 of the Council Regulation.

The Law Reform (Miscellaneous Provisions) (Northern Ireland) Order 2005 amended the definition of the terms “relative” and “cohabitee” in the Family Homes and Domestic Violence Order (Northern Ireland) 1998. The 2005 Order also amended the 1998 Order so as to allow exclusion zones of defined areas to be attached to non-molestation orders and to make it clear that protective orders made ex-parte can only be made for a short period and that, if a court makes such an order, it must specify a date for a full hearing. The Rules make consequential amendments to the Notes for Guidance in Forms F2 and F3 in the Family Proceedings Rules.

Footnotes

[^f00001]: S.I. 1993/1576 (N.I. 6)

[^f00002]: S.R. 1996 No. 322 as amended by S.R. 1999 No. 88, S.R. 2000 No. 329, S.R. 2002 No. 137, S.R. 2003 No. 75 and S.R. 2005 No. 144

[^f00003]: 2004 c. 7

[^f00004]: 2004 c. 33

[^f00005]: S.R. 2005 No. 498

[^f00006]: S.R. 2000 No. 142

[^f00007]: S.R. 2005 No. 484

[^f00008]: S.R. 2005 No. 498

[^f00009]: S.I. 1998/1071 (N.I. 6)

[^f00010]: S.R. 1980 No. 346

[^f00011]: S.I. 1986 No. 595 (N.I. 4)