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The Family Procedure Rules 2010

Type Statutory-Instrument

Publication 2010-12-13

Last updated 2026-03-02

State In force

Department King's Printer of Acts of Parliament

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(4) Where a notice of proceedings is sent to joint applicants under rule 7.5(3) each joint applicant must acknowledge receipt of the notice of proceedings within 14 days of receipt of such notice.

(5) A respondent who wishes to dispute proceedings must file and serve an answer within 21 days beginning with the date by which the acknowledgment of service is required to be filed.

(6) A respondent may file an answer even if the intention to do so was not indicated in the acknowledgment of service.

Service of application

7.8

(1) A party making an application for a matrimonial or civil partnership order may amend the application at any time before an application is made under rule 7.9(1) or (2).

(2) Where an amendment to the application is made under paragraph (1)—

(a) it must be served in accordance with rule 7.5; and

(b) rule 7.7 applies.

(3) Where an application has been made under rule 7.9(1) or (2), an amendment may not be made to an application except—

(a) with the written consent of all the other parties; or

(b) with the permission of the court.

(4) Where paragraph (3) applies, the court may give directions as to—

(a) the service of the amended application and the service of any accompanying documents;

(b) the joining of any additional parties; and

(Practice Direction 7A contains information on amending applications.)

Withdrawal of application before service

7.9

(1) An application may be made to the court for it to consider the making of a conditional order of divorce or dissolution in the proceedings at any time after the end of the period of 20 weeks from the date on which the application was issued provided that—

(a) the time for filing the acknowledgment of service has expired and no party has filed an acknowledgement of service indicating an intention to dispute the proceedings; and

(b) in any other case, the time for filing an answer to every application for a matrimonial or civil partnership order made in the proceedings has expired.

(2) An application may be made to the court for it to consider the making of a conditional order of nullity of marriage or nullity, a judicial separation order or a separation order in the proceedings—

(a) at any time after the time for filing the acknowledgment of service has expired, provided that no party has filed an acknowledgment of service indicating an intention to dispute the proceedings; and

(b) in any other case, at any time after the time for filing an answer to every application for a matrimonial or civil partnership made in the proceedings has expired.

(3) An application under paragraph (1) or (2) may be made—

(a) by the applicant; or

(b) in a joint application, by both parties; or

(4) An application under this rule must be accompanied by a statement—

(a) stating whether there have been any changes in the information given in the application;

(b) confirming that, subject to any changes stated, the contents of the application are true; and

(c) where the acknowledgment of service has been signed by the other party to the marriage or civil partnership, confirming that party’s signature on the acknowledgment of service.

(5) A statement under paragraph (4) must be verified by a statement of truth.

(6) A copy of the application made under paragraph (3)(c) must be served on the other party to the marriage or civil partnership.

Who the parties are

7.10

(1) This rule applies where an application is made under rule 7.9(1) or (2).

(2) If at the relevant time the case is a standard case, the court must—

(a) if satisfied that the applicant is, or applicants are, entitled to—

(i) in matrimonial proceedings, a conditional order or a judicial separation order (as the case may be); or

(ii) in civil partnership proceedings, a conditional order or a separation order (as the case may be),

so certify and direct that the application be listed before a judge for the making of that order at the next available date;

(b) if not so satisfied, direct—

(i) that any party to the proceedings provide such further information, or take such other steps, as the court may specify; or

(ii) that the case be listed for a case management hearing.

(3) If the applicant has applied for costs, the court may, on making a direction under paragraph (2)(a), make directions in the costs application.

(4) The court may, when giving a direction under paragraph (2)(b), direct that the further information provided be verified by a statement of truth.

(5) The court must not give directions under this rule unless at the relevant time it is satisfied—

(a) that a copy of each application for a matrimonial or civil partnership order has been properly served on each party on whom it is required to be served; and

(b) that—

(i) in matrimonial proceedings, the application for a conditional order or a judicial separation order; or

(ii) in civil partnership proceedings, the application for a conditional order or separation order,

was made at a time permitted by rule 7.9(1) or (2).

(6) In this rule, ‘the relevant time’ means the time at which the court is considering an application made under rule 7.9(1) or (2).

(7) Where an order is made in accordance with a certificate under paragraph (2)(a), any person may, within 14 days after the making of the order, inspect the certificate and the statement filed under rule 7.9(4) and may obtain copies.

Nullity: Interim and full gender recognition certificates

7.11

(1) At a hearing that has been directed under rule 7.10(2)(b)(ii), the court must—

(a) consider what further evidence is required properly to dispose of the proceedings and give directions about the filing and service of such evidence;

(b) give directions for the further conduct of the proceedings, including—

(i) giving a direction that on compliance with any directions under sub-paragraph (a) a further application may be made under rule 7.9(1) or (2) for the proceedings to be dealt with under rule 7.10(2)(a); or

(ii) giving a direction that the case is not suitable for determination under that rule.

(2) Where the court gives a direction under paragraph (1)(b)(ii), it may also give directions under rule 7.17 or direct that the case be listed for a further hearing at which such directions will be given.

(3) Any party to proceedings which are not being dealt with under rule 7.10(2)(a) may apply to the court for further directions at any time.

(Part 4 sets out the court’s general case management powers.)

What the respondent and co-respondent should do on receiving the application

7.12

(1) Subject to rule 7.27—

(a) a respondent may not make an application for a matrimonial or civil partnership order for the same relief in respect of the same marriage or civil partnership unless—

(i) the first application has been dismissed or finally determined; or

(ii) the court gives permission.

(b) a respondent who wishes to make an application for a matrimonial or civil partnership order, other than an order for the same relief, must make the application for that order within 21 days beginning with the date by which the respondent’s acknowledgment of service is required to be filed, unless the court gives permission to make the application after that time has passed.

(2) Where the respondent makes an application under this rule, that application is to be treated as an application in the same proceedings for the purposes of this Part.

Amendments to the application and the answer

7.13

Where a respondent makes an application for a matrimonial order or a civil partnership order, unless the context otherwise requires, the rules in this Part shall apply with necessary modifications as if the reference to a respondent is a reference to the applicant in the other party’s application for a matrimonial order or a civil partnership order.

How the respondent can make an application

7.14

Where a respondent—

(a) files an answer under rule 7.7(5);

(b) obtains permission to file an application under 7.12(1)(a)(ii); or

the case must be listed for a case management hearing within 6 weeks of the date on which the answer is filed, or permission is granted, or the application is filed under rule 7.12(1)(b) or 7.24.

Further information about the contents of the application and the answer

7.15

(1) Unless paragraph (2) applies—

(a) a party making an application for a matrimonial or civil partnership order may amend the application at any time before an answer to it has been filed;

(b) a party who has filed an answer may amend the answer.

(2) No amendment to an application for a matrimonial or civil partnership order or to an answer may be made under paragraph (1) if an application under rule 7.9(1) or (2) has been made in relation to the marriage or civil partnership concerned.

(3) Where an amendment to the application is made under paragraph (1)—

(a) it must be served in accordance with rule 7.5; and

(b) rule 7.7 applies.

(4) Where an answer has been filed, or an application has been made under rule 7.9(1) or (2), an amendment may not be made to an application except—

(a) with the written consent of all the other parties; or

(b) with the permission of the court.

(5) Where an answer has been filed and an application has been made under rule 7.9(1) or (2), an amendment may not be made to the answer except—

(a) with the written consent of all the other parties; or

(b) with the permission of the court.

(6) Where paragraph (4) or (5) applies, the court may give directions as to—

(a) the service of the amended application or the amended answer and the service of any accompanying documents;

(b) the extent to which rule 7.7 must be complied with in respect of any amended application.

(Practice Direction 7A contains information regarding amending applications, making supplemental applications and making second (or further) applications.)

CHAPTER 3 — STANDARD CASE

General rule – hearing to be in public

7.16

(1) The court may at any time order a party—

(a) to clarify any matter which is in dispute in the proceedings; or

(b) to give additional information in relation to any such matter,

whether or not the matter is contained or referred to in the application for a matrimonial or civil partnership order, acknowledgment of service or in the answer.

(2) Paragraph (1) is subject to any rule of law to the contrary.

(3) Where the court makes an order under paragraph (1), the party against whom it is made must—

(a) file the reply to the order made under paragraph (1); and

(b) serve a copy of it on each of the other parties,

within the time specified by the court.

(4) The court may direct that information provided by a party to another party (whether given voluntarily or following an order made under paragraph (1)) must not be used for any purpose except for the proceedings in which it is given.

Exercise of jurisdiction in cases heard at place other than the court in which the case is proceeding

7.17

(1) This rule applies to a case in which the court has listed a case management hearing under rule 7.14.

(2) At a hearing which has been listed under rule 7.14 the court must—

(a) decide where the hearing in the case should take place;

(b) set a timetable for the filing and service of evidence;

(d) give directions as to the conduct of the final hearing and the attendance of witnesses.

(Rule 21.1 explains what is meant by disclosure and inspection.)

(3) Any party to proceedings which are not being dealt with under rule 7.10(2)(a) may apply to the court for further directions at any time.

(Part 3 sets out the court’s powers to encourage the parties to use non-court dispute resolution and Part 4 sets out the court’s general case management powers.)

Notice of hearing

7.18

(1) This rule applies to an application under section 8 or 9 of the 1973 Act or under section 39 or 40 of the 2004 Act to prevent a conditional order being made final.

(2) An application to which this rule applies must be made using the Part 18 procedure, subject to paragraphs (3) to (6) of this rule.

(3) The person making an application to which this rule applies must within 28 days of filing the application apply to the court to give directions for the hearing of the application.

(4) Where the person making an application to which this rule applies does not apply for directions under paragraph (3), then the person, or persons, in whose favour the conditional order was made may do so.

(5) Rule 7.17(2) applies to an application to which this rule applies as it applies to an application for a matrimonial or civil partnership order.

(6) Where an application to which this rule applies is made by the King’s Proctor—

(a) the King’s Proctor may give written notice, to the court and to the party or parties in whose favour the conditional order was made, of the King’s Proctor’s intention to make an application to prevent conditional order being made final; and

(b) where the King’s Proctor does so the application under paragraph (1) must be made within 21 days beginning with the date on which the notice is given.

Applications for a decree nisi or a conditional order

7.19

(1) Unless rule 7.20 applies —

(a) a party in whose favour a conditional order has been made may give notice to the court that they wish the conditional order to be made final;

(b) both parties in whose favour a conditional order has been made may jointly give notice to the court that they wish the conditional order to be made final; or

(c) subject to paragraph (2) below, where the conditional order is in favour of both parties, but the application is to proceed as a notice by one party only, that party may give notice to the court that they wish the conditional order to be made final.

(2) The party giving notice to the court under paragraph (1)(c) must first give the other party to the marriage or civil partnership 14 days’ notice of their intention to give notice to the court that they wish the conditional order to be made final.

(3) The party giving notice under paragraph (2) must file a certificate of service after serving the notice.

(4) Subject to paragraphs (5) and (6), where the court receives a notice under paragraph (1) it will make the conditional order final if it is satisfied that—

(a) no application for rescission of the conditional order is pending;

(b) no appeal against the making of the conditional order is pending;

(c) no order has been made by the court extending the time for bringing an appeal of the kind mentioned in sub-paragraph (b), or if such an order has been made, that the time so extended has expired;

(d) no application for an order of the kind mentioned in sub-paragraph (c) is pending;

(e) no application to prevent the conditional order being made final is pending;

(f) the provisions of section 10(2) to (4) of the 1973 Act or section 48(2) to (4) of the 2004 Act do not apply or have been complied with;

(g) any order under section 10A(2) of the 1973 Act has been complied with; and

(h) where the conditional order was made on the ground in section 12(1)(g) of, or paragraph 11(1)(e) of Schedule 1 to, the 1973 Act, or was made under section 12A(3) of the 1973 Act in a case where section 12(1)(g) of the 1973 Act applies, or the conditional order was made under section 50(1)(d) of the 2004 Act—

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

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

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

(5) Where the notice is received more than 12 months after the making of the conditional order, it must include or be accompanied by an explanation in writing stating why the application has not been made earlier.

(6) Where paragraph (5) applies, the court may—

(a) require the applicant to verify the explanation with a statement of truth; and

(b) make such order on the application as it thinks fit, but where it orders the conditional order to be made final that order is not to take effect until the court is satisfied that none of the matters mentioned in paragraph (4)(a) to (h) applies.

What the court will do on an application for a decree nisi, a conditional order, a decree of judicial separation or a separation order

7.20

(1) An application must be made for the conditional order to be made final, where the conditions set out in paragraph (2) apply.

(2) The conditions referred to in paragraph (1) are—

(a) the King’s Proctor gives notice to the court under rule 7.18(6)(a) and has not withdrawn that notice;

(b) there are other circumstances which ought to be brought to the attention of the court before the application is granted; or

(3) An application under this rule to which paragraph (2)(a) applies must be served on the King’s Proctor.

(4) Where the court orders a conditional order to be made final under this rule, that order is not to take effect until the court is satisfied about the matters mentioned in rule 7.19(4)(a) to (h).

Further provisions about costs

7.21

Where a conditional order is made final the court officer must—

(a) endorse that fact on the conditional order together with the precise time at which the order was made final; and

(b) send the final order to the applicant or applicants, any respondent and any other party.

What the court must do for the case management hearing

7.22

Where the court makes—

(a) in the case of divorce, a final order following an application under section 10(2) of the 1973 Act; or

(b) in the case of dissolution, a final order following an application under section 48(2) of the 2004 Act,

it must make a written record of the reasons for deciding to make that final order.

Where proceedings under this Part may be heard

7.23

(1) Where the court has made an order under section 10A(2) of the 1973 Act, the declaration referred to in that section must—

(a) be made and signed by both parties to the marriage concerned;

(b) give particulars of the proceedings in which the order was obtained;

(c) confirm that the steps required to dissolve the marriage in accordance with the religious usages appropriate to the parties have been taken;

(d) be accompanied by—

(i) a certificate from a relevant religious authority that all such steps have been taken; or

(ii) such other documents showing the relevant steps have been taken as the court may direct; and

(iii) be filed at the court either before or together with an application to make the conditional order final, under rule 7.19 or 7.20.

(2) Where the certificate referred to in paragraph (1)(d)(i) is not in English it must be accompanied by a translation of that certificate into English, certified by a notary public or authenticated by statement of truth.

(3) The court may direct that the declaration need not be accompanied by the material mentioned in paragraph (1)(d).

(4) In this rule a religious authority is ‘relevant’ if the party who made the application for the order under section 10A(2) of the 1973 Act considers that authority competent to confirm that the steps referred to in paragraph (1)(c) have been taken.

The circumstances in which proceedings may be transferred between courts

7.24

(1) A respondent to a nullity application who wishes to make an application for a matrimonial or civil partnership order must make the application for that order within 21 days beginning with the date by which the respondent’s acknowledgment of service is required to be filed, unless the court gives permission to make the application after that time has passed.

(2) Where the respondent makes an application under this rule, that application is to be treated as an application in the same proceedings for the purposes of this Part.

The procedure for complying with section 41 of 1973 Act or section 63 of 2004 Act

7.25

In nullity proceedings rule 7.8 and 7.15 apply to supplemental applications as they apply to amended applications.

Medical examinations in proceedings for nullity of a marriage of an opposite sex couple

7.26

(1) Where the application is for—

(a) nullity of marriage under section 12(1)(g) of, or paragraph 11(1)(e) of Schedule 1 to, the 1973 Act;

(b) nullity of marriage under section 12A(3) of the 1973 Act in a case where section 12(1)(g) of the 1973 Act applies; or

the court officer must send to the Secretary of State a notice in writing that the application has been made.

(2) Where a copy of an interim gender recognition certificate has been filed with the application, that certificate must be attached to the notice.

(3) Where no copy of an interim gender recognition certificate has been filed the notice must also state—

(a) in matrimonial proceedings—

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

(ii) the last address at which the parties to the marriage lived together as a married couple;

(b) in civil partnership proceedings—

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

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

(4) Where—

(a) the application is for—

(i) a nullity of marriage order under section 12(1)(h) of the 1973 Act;

(ii) a nullity of marriage order under section 12A(3) of the 1973 Act in a case where section 12(1)(h) of the 1973 Act applies; or

(iii) an order of nullity of civil partnership under section 50(1)(e) of the 2004 Act; and

(b) a full gender recognition certificate has been issued to the respondent,

the applicant must file a copy of that full certificate with the application unless the court, on an application made without notice, directs otherwise.

(In relation to paragraphs (1)(b), (3)(a) and (4)(a)(ii), section 9(6) of the Marriage (Same Sex Couples) Act 2013 provides that where a civil partnership is converted into a marriage, the civil partnership ends on the conversion, and the resulting marriage is to be treated as having subsisted since the date the civil partnership was formed.)

Stay of proceedings

7.27

(1) Paragraph (2) applies where—

(a) the application is for—

(i) nullity of marriage under section 12(1)(d) of the 1973 Act;

(ii) nullity of marriage under section 12A(3) of the 1973 Act in a case where section 12(1)(d) of the 1973 Act applies; or

(iii) nullity of civil partnership under section 50(1)(b) of the 2004 Act; and

(b) the respondent files an answer containing no more than a simple denial of the facts stated in the application.

(2) The respondent must, if intending to rebut the matters stated in the application, give notice to the court of that intention when filing the answer.

(The form of the answer is referred to in Practice Direction 5A.)

(In relation to paragraph (1)(a)(ii), section 9(6) of the Marriage (Same Sex Couples) Act 2013 provides that where a civil partnership is converted into a marriage, the civil partnership ends on the conversion, and the resulting marriage is to be treated as having subsisted since the date the civil partnership was formed.)

CHAPTER 4 — DISPUTED CASE

The circumstances in which an order may be set aside (rescission)

7.28

Rule 7.10(7) does not apply to a certificate which relates to—

(a) a nullity of marriage order under section 12(1)(g) of, or paragraph 11(1)(e) of Schedule 1 to, the 1973 Act;

(b) a nullity of marriage order under section 12A(3) of the 1973 Act in a case where section 12(1)(g) of the 1973 Act applies; or

unless the court has given permission.

Applications under section 10(2) of 1973 Act or section 48(2) of 2004 Act

7.29

(1) Where the application is for a nullity of marriage order of an opposite sex couple on the ground of incapacity to consummate or wilful refusal to do so, the court must determine whether medical examiners should be appointed to examine the parties or either of them.

(2) The court must only appoint medical examiners under paragraph (1) where it considers that it is necessary for the proper disposal of the case.

(3) The person to be examined must, in the presence of the medical examiner, sign a statement identifying that person as the party to whom the order for examination applies.

(4) The medical examiner must certify on the same statement that it was signed in his or her presence by the person who has been examined.

(5) The person who carries out the examination must prepare a report and file it with the court by the date directed by the court.

(6) Either party is entitled to see a copy of a report filed under paragraph (5).

Orders under section 10A(2) of the 1973 Act

7.30

(1) The general rule is that a hearing to which this Part applies is to be in public.

(2) The requirement for a hearing to be in public does not require the court to make special arrangements for accommodating members of the public.

(3) A hearing, or any part of it, may be in private if—

(a) publicity would defeat the object of the hearing;

(b) it involves matters relating to national security;

(c) it involves confidential information (including information relating to personal financial matters) and publicity would damage that confidentiality;

(d) a private hearing is necessary to protect the interests of any child or protected party;

(e) it is a hearing of an application made without notice and it would be unjust to any respondent for there to be a public hearing; or

(f) the court considers this to be necessary, in the interests of justice.

(4) A hearing of an application for rescission of an order by consent under rule 7.34 is, unless the court directs otherwise, to be in private.

(5) The court may order that the identity of any party or witness must not be disclosed if it considers non-disclosure necessary in order to protect the interests of that party or witness.

Applications to prevent decrees nisi being made absolute or conditional orders being made final

7.31

The court officer will give notice to the parties—

(a) of the date, time and place of every hearing which is to take place in a case to which they are a party; and

(b) in the case of a hearing following a direction under rule 7.10(2)(a), of the fact that, unless the person wishes or the court requires, the person need not attend.

Making decrees nisi absolute or conditional orders final by giving notice

7.32

(1) In a disputed case any party to matrimonial or civil partnership proceedings may be heard on any question as to costs at the hearing of the proceedings.

(2) In a standard case, any application for costs should be made using the Part 18 procedure.

Applications to make decrees nisi absolute or conditional orders final

7.33

(1) Where—

(a) the court is considering an application in accordance with rule 7.10 or gives directions under rule 7.11 or 7.17;

(b) it appears to the court that there are proceedings continuing in any country outside England and Wales which are in respect of the marriage or civil partnership in question or which are capable of affecting its validity or subsistence; and

(c) the court considers that the question whether the proceedings should be stayed under paragraph 9 of Schedule 1 to the Domicile and Matrimonial Proceedings Act 1973 or, for civil partnership proceedings, under rules made under sections 75 and 76 of the Courts Act 2003 ought to be determined by the court,

What the court officer must do when a decree nisi is made absolute

7.34

Either party to the marriage or civil partnership concerned may apply—

(a) after the conditional order has been made but before it has been made final; or

(b) after a judicial separation order or separation order has been made,

for the rescission of the order on the grounds that the parties are reconciled and both consent to the rescission.

What the court officer must do when a conditional order is made final

7.35

(1) A central index of decrees absolute and final orders must be kept under the control of the principal registry.

(2) Any person may require a search to be made of that index and to be provided with a certificate showing the results of that search.

(3) Any person who requests it must be issued with a copy of the decree absolute or final order.

Records of decrees absolute and final orders

7

(1) A central index of decrees absolute and final orders must be kept under the control of the principal registry.

(2) Any person ... may require a search to be made of that index and to be provided with a certificate showing the results of that search.

(3) Any person who requests it must ... be issued with a copy of the decree absolute or final order.

PART 8 — PROCEDURE FOR MISCELLANEOUS APPLICATIONS

CHAPTER 1 — PROCEDURE

Procedure

8

Subject to rules 8.13 and8.24, applications to which this Part applies must be made in accordance with the Part 19 procedure.

CHAPTER 2 — APPLICATION FOR CORRECTED GENDER RECOGNITION CERTIFICATE

Scope of this Chapter

8

The rules in this Chapter apply to an application under section 6(1) of the Gender Recognition Act 2004 for the correction of a full gender recognition certificate issued under section 5(1) or 5A(1) of that Act .

Where to start proceedings

8

The application must be made to the court which issued the original certificate unless the court directs otherwise.

Who the parties are

8

Where the applicant is—

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

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

Delivery of copy certificate to Secretary of State

8

Where the court issues a corrected full gender recognition certificate, a court officer must send a copy of the corrected certificate to the Secretary of State.

CHAPTER 3 — APPLICATION FOR ALTERATION OF MAINTENANCE AGREEMENT AFTER DEATH OF ONE PARTY

Scope of this Chapter

8

The rules in this Chapter apply to an application under section 36 of the 1973 Act or paragraph 73 of Schedule 5 to the 2004 Act to alter a maintenance agreement after the death of one of the parties.

Where to start proceedings

8

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

Who the parties are

8

(1) Where the applicant is—

(a) the surviving party to the agreement, the personal representative of the deceased must be a respondent;

(b) the personal representative of the deceased, the surviving party to the agreement must be a respondent.

(2) The court may at any time direct that—

(a) any person be made a party to proceedings; or

(b) a party be removed.

Representative parties

8

(1) The court may, before or after the application has been filed at court, make an order appointing a person to represent any other person or persons in the application where the person or persons to be represented—

(a) are unborn;

(b) cannot be found;

(d) are a class of persons who have the same interest in an application and—

(i) one or more members of that class are within sub-paragraphs(a), (b) or (c); or

(ii) to appoint a representative would further the overriding objective.

(2) An application for an order under paragraph (1) may be made by—

(a) any person who seeks to be appointed under the order; or

(b) any party to the application.

(3) An application for an order under paragraph (1) must be served on—

(a) all parties to the application to alter the maintenance agreement, if that application has been filed at court;

(b) the person sought to be appointed, if that person is not the applicant or a party to the application; and

(4) The court's approval is required to settle proceedings in which a party is acting as a representative.

(5) The court may approve a settlement where it is satisfied that the settlement is for the benefit of all the represented persons.

(6) Unless the court directs otherwise, any order made on an application in which a party is acting as a representative—

(a) is binding on all persons represented in the proceedings; and

(b) may only be enforced by or against a person who is not a party with the permission of the court.

(7) An application may be brought by or against trustees, executors or administrators without adding as parties any persons who have a beneficial interest in the trust or estate and any order made on the application is binding on the beneficiaries unless the court orders otherwise.

Acknowledgment of service

8

(1) A respondent who is a personal representative of the deceased must file with the acknowledgment of service a statement setting out—

(a) full particulars of the value of the deceased's estate for probate after providing for the discharge of the funeral, testamentary and administration expenses, debts and liabilities (including inheritance tax and interest); and

(b) the people (including names, addresses and details of any persons under disability) or classes of people beneficially interested in the estate and the value of their interests so far as ascertained.

(2) The respondent must file the acknowledgment of service and any statement required under this rule within 28 days beginning with the date on which the application is served.

Hearings may be in private

8

The court may decide to hear any application to which this Chapter applies in private.

CHAPTER 4 — APPLICATION FOR QUESTION AS TO PROPERTY TO BE DECIDED IN SUMMARY WAY

Scope of this Chapter

8

The rules in this Chapter apply to an application under section 17 of the Married Women's Property Act 1882 or section 66 of the 2004 Act.

Procedure

8

Where an application for an order under section 17 of the Married Women's Property Act 1882 or section 66 of the 2004 Act is made in any proceedings for a financial order, the application must be made in accordance with the Part 18 procedure.

Where to start proceedings

8

Where any matrimonial proceedings or civil partnership proceedings have been started, or are intended to be started, by the applicant or the respondent, the application must be made in the same court as those matrimonial proceedings or civil partnership proceedings.

(Practice Direction 8A makes provision in respect of the particular location where the application should be made.)

Mortgagees as parties

8

(1) Where particulars of a mortgage are provided with the application—

(a) the applicant must serve a copy of the application on the mortgagee; and

(b) the mortgagee may, within 14 days beginning with the date on which the application was received, file an acknowledgment of service and be heard on the application.

(2) The court must direct that a mortgagee be made a party to the proceedings where the mortgagee requests to be one.

Injunctions

8

(1) The court may grant an injunction(GL) only if the injunction(GL) is ancillary or incidental to the assistance sought by the applicant.

(2) Applications for injunctive relief must be made in accordance with the procedure in rule 20.4 (how to apply for an interim remedy) and the provisions of rule 20.5 (interim injunction(GL) to cease if application is stayed(GL)) apply.

Application of other rules

8

Rule 9.24 applies where the court has made an order for sale under section 17 of the Married Women's Property Act 1882 or section 66 of the 2004 Act.

CHAPTER 5 — DECLARATIONS

Scope of this Chapter

8

The rules in this Chapter apply to applications made in accordance with—

(a) section 55 of the 1986 Act (declarations as to marital status) and section 58 of the 2004 Act (declarations as to civil partnership status);

(b) section 55A of the 1986 Act (declarations of parentage);

(d) section 57 of the 1986 Act (declarations as to adoptions effected overseas).

Where to start proceedings

8

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

Who the parties are

8

(1) In relation to the proceedings set out in column 1 of the following table, column 2 sets out who the respondents to those proceedings will be.

Proceedings	Respondent
Applications for declarations as to marital or civil partnership status.	The other party to the marriage or civil partnership in question or, where the applicant is a third party, both parties to the marriage or civil partnership.
Applications for declarations of parentage.	(i) The person whose parentage is in issue except where that person is a child; and(ii) any person who is or is alleged to be the parent of the person whose parentage is in issue, except where that person is the applicant or is a child.
Applications for declarations of legitimacy or legitimation.	The applicant's father and mother or the survivor of them.
Applications for declarations as to adoption effected overseas.	The person(s) whom the applicant is claiming are or are not the applicant's adoptive parents.

(Under rule 16.2 the court may make a child a party to certain proceedings (including applications for declarations of parentage) where it considers that to be in the best interests of the child.)

(2) The applicant must include in his application particulars of every person whose interest may be affected by the proceedings and his relationship to the applicant.

(3) The acknowledgment of service filed under rule 19.5 must give details of any other persons the respondent considers should be made a party to the application or be given notice of the application.

(4) Upon receipt of the acknowledgment of service, the court must give directions as to any other persons who should be made a respondent to the application or be given notice of the proceedings.

(5) A person given notice of proceedings under paragraph (4) may, within 21 days beginning with the date on which the notice was served, apply to be joined as a party.

(6) No directions may be given as to the future management of the case under rule 19.9 until the expiry of the notice period in paragraph(5).

The role of the Attorney General

8

(1) The applicant must, except in the case of an application for a declaration of parentage, send a copy of the application and all accompanying documents to the Attorney General at least one month before making the application.

(2) The Attorney General may, when deciding whether to intervene in the proceedings, inspect any document filed at court relating to any family proceedings mentioned in the declaration proceedings.

(3) If the court is notified that the Attorney General wishes to intervene in the proceedings, a court officer must send the Attorney General a copy of any subsequent documents filed at court.

(4) The court must, when giving directions under rule8.20(4), consider whether to ask the Attorney General to argue any question relating to the proceedings.

(5) If the court makes a request to the Attorney General under paragraph (4) and the Attorney General agrees to that request, the Attorney General must serve a summary of the argument on all parties to the proceedings.

Declarations of parentage

8

(1) If the applicant or the person whose parentage or parenthood is in issue, is known by a name other than that which appears in that person's birth certificate, that other name must also be stated in any order and declaration of parentage.

(2) A court officer must send a copy of a declaration of parentage and the application to the Registrar General within 21 days beginning with the date on which the declaration was made.

CHAPTER 6 — APPLICATION FOR PERMISSION TO APPLY FOR A FINANCIAL REMEDY AFTER OVERSEAS PROCEEDINGS

Scope of this Chapter

8

Subject to rule9.26(6), the rules in this Chapter apply to an application for permission to apply for a financial remedy under section 13 of the 1984 Act and paragraph 4 of Schedule 7 to the 2004 Act.

(Rule 9.26(6) enables the application for permission to apply for a financial remedy under section 13 of the 1984 Act or paragraph 4 of Schedule 7 to the 2004 Act to be heard at the same time as the application for a financial remedy under Part 3 of the 1984 Act or Schedule 7 to the 2004 Act where that application is an application for a consent order.)

(The Family Court (Composition and Distribution of Business) Rules 2014 make provision in relation to the allocation of the proceedings to which this Chapter applies to a specified level of judge in the family court.)

Where and how to start proceedings

8

The application must be made in accordance with the Part 18 procedure.

Application to be made without notice

8

(1) The application must be made without notice to the respondent.

(2) Subject to paragraph (3), the court must determine the application without notice.

(3) The court may direct that the application be determined on notice to the respondent if the court considers that to be appropriate.

Notification of hearing date

8

The court officer must—

(a) fix a date, time and place for the hearing of the application ...; and

(b) give notice of the date of the hearing to the applicant.

Hearings to be in private unless the court directs otherwise

8

An application under this Chapter must be heard in private unless the court directs otherwise.

Direction that application be dealt with by a district judge of the principal registry

8

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

CHAPTER 7 — APPLICATION FOR THE TRANSFER OF A TENANCY UNDER SECTION 53 OF, AND SCHEDULE 7 TO, THE 1996 ACT

Scope of this Chapter

8

This Chapter applies to an application for the transfer of a tenancy under section 53 of, and Schedule 7 to, the 1996 Act.

Where to start proceedings

8

Where any matrimonial proceedings or civil partnership proceedings have been started by the applicant or the respondent, the application must be made in the same court as those matrimonial proceedings or civil partnership proceedings.

(Practice Direction 8A makes provision in respect of the particular location where the application should be made.)

Service of the application

8

(1) The court will serve a copy of the application on—

(a) the respondent; and

(b) the landlord (as defined by paragraph 1 of Schedule 7 to the 1996 Act ),

unless the court directs that the applicant must do so.

(2) Where service is effected by the applicant, the applicant must file a certificate of service.

(Part 6 of these Rules makes provision in relation to the method of service, and includes rule 6.23A which specifies how service is to be effected on a person where there are reasonable grounds to believe that person is residing in a refuge.)

Who the parties are

8

The court will direct that a landlord be made a party to the proceedings where the landlord requests to be one.

Orders for disclosure

8

Any party may apply to the court under rule 21.2 for an order that any person must attend an appointment before the court and produce any documents that are specified or described in the order.

Injunctions

8

(1) The court may grant an injunction(GL) only if the injunction(GL) is ancillary or incidental to the assistance sought by the applicant.

(2) Applications for injunctive relief must be made in accordance with the procedure in rule 20.4 (how to apply for an interim remedy) and the provisions of rule 20.5 (interim injunction(GL) to cease if application is stayed(GL)) apply accordingly.

CHAPTER 8 — APPLICATIONS FOR ORDERS PREVENTING AVOIDANCE UNDER SECTION 32L OF THE CHILD SUPPORT ACT 1991

Scope of this Chapter

8

Subject to rule 8.40, the rules in this Chapter apply to applications made under section 32L (1) and (2) of the 1991 Act .

Interpretation

8

In this Chapter—

“child support maintenance” has the meaning assigned to it in section 3(6) of the 1991 Act ;

“reviewable disposition” has the meaning assigned to it in section 32L(5) of the 1991 Act.

Where to start proceedings

8

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

Who the parties are

8

(1) The applicant to the proceedings is the Secretary of State and the respondent is the person who has failed to pay child support maintenance.

(2) The court may at any time direct that —

(a) any person be made a party to proceedings; or

(b) a party be removed from the proceedings.

Service of the application

8

(1) The applicant must serve the application and a copy of the applicant's written evidence on—

(a) any respondent;

(b) the person in whose favour the reviewable disposition is alleged to have been made; and

(2) Where an application includes an application relating to land, the applicant must serve a copy of the application on any —

(a) mortgagee;

(b) trustee of a trust of land or settlement; and

of whom particulars are given in the application.

(3) Any person served under paragraph (2) may make a request to the court in writing, within 14 days beginning with the date of service of the application, for a copy of the applicant's written evidence.

(4) Any person who —

(a) is served with copies of the application and the applicant's written evidence under paragraph (1); or

(b) receives a copy of the applicant's written evidence following a request under paragraph (3),

may, within 14 days beginning with the date of service or receipt, file a statement in answer.

(5) A statement in answer filed under paragraph (4) must be verified by a statement of truth.

Applications without notice

8

(1) This rule applies to an application under section 32L(1) of the 1991 Act.

(2) The court may grant an application made without notice if it appears to the court that there are good reasons for not giving notice.

(3) If the applicant makes an application without giving notice, the evidence in support of the application must state the reasons why notice has not been given.

(4) If the court grants an application under paragraph (2)—

(a) the order must include a provision allowing any respondent to apply to the court for an order to be reconsidered as soon as just and convenient at a full hearing; and

(b) the applicant must, as soon as reasonably practicable, serve upon each respondent a copy of the order and a copy of the written evidence in support of the application.

Scope of this Chapter

8

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

Child acting without a children's guardian

8

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

Who the respondents are

8

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

PART 9 — APPLICATIONS FOR A FINANCIAL REMEDY

CHAPTER 1 — APPLICATION AND INTERPRETATION

Application

9

(1) The rules in this Part apply to an application for a financial remedy.

(2) This Part is subject to any provision made by or pursuant to Part 41 (proceeding by electronic means).

(“Financial remedy” and “financial order” are defined in rule 2.3.)

Application of Magistrates' Courts Rules 1981

9

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

Interpretation

9

(1) In this Part—

“avoidance of disposition order” means—in proceedings under the 1973 Act, an order under section 37(2)(b) or (c) of that Act;in proceedings under the 1984 Act, an order under section 23(2)(b) or 23(3) of that Act ;in proceedings under Schedule 5 to the 2004 Act, an order under paragraph 74(3) or (4); orin proceedings under Schedule 7 to the 2004 Act, an order under paragraph 15(3) or (4);

“the Board” means the Board of the Pension Protection Fund;

“fast-track procedure” means the procedure set out in Chapter 5;

“FDR appointment” means a Financial Dispute Resolution appointment in accordance with rule 9.17;

“Financial Circumstances Form” means the Financial Circumstances Form published by the Permanent Bureau of the Hague Conference under Article 11(4) of the 2007 Hague Convention for use in relation to applications under Article 10 of that Convention;

“order preventing a disposition” means—in proceedings under the 1973 Act, an order under section 37(2)(a) of that Act;in proceedings under the 1984 Act, an order under section 23(2)(a) of that Act;in proceedings under Schedule 5 to the 2004 Act, an order under paragraph 74(2); orin proceedings under Schedule 7 to the 2004 Act, an order under paragraph 15(2);

“pension arrangement” means—an occupational pension scheme;a personal pension scheme;shareable state scheme rights;a retirement annuity contract;an annuity or insurance policy purchased, or transferred, for the purpose of giving effect to rights under an occupational pension scheme or a personal pension scheme; andan annuity purchased, or entered into, for the purpose of discharging liability in respect of a pension credit under section 29(1)(b) of the Welfare Reform and Pensions Act 1999 or under corresponding Northern Ireland legislation;

“pension attachment order” means—in proceedings under the 1973 Act, an order making provision under section 25B or 25C of that Act ;in proceedings under the 1984 Act, an order under section 17(1)(a)(i) of that Act making provision equivalent to an order referred to in paragraph (a);in proceedings under Schedule 5 to the 2004 Act, an order making provision under paragraph 25 or paragraph 26; orin proceedings under Schedule 7 to the 2004 Act, an order under paragraph 9(2) or (3) making provision equivalent to an order referred to in paragraph (c);

“pension compensation attachment order” means—in proceedings under the 1973 Act, an order making provision under section 25F of that Act; in proceedings under the 1984 Act, an order under section 17(1)(a)(i) of that Act making provision equivalent to an order referred in to paragraph (a);in proceedings under Schedule 5 to the 2004 Act, an order under paragraph 34A; andin proceedings under Schedule 7 to the 2004 Act, an order under paragraph 9(2) or (3) making provision equivalent to an order referred to in paragraph (c);

“pension compensation sharing order” means—in proceedings under the 1973 Act, an order under section 24E of that Act ;in proceedings under the 1984 Act, an order under section 17(1)(c) of that Act;in proceedings under Schedule 5 to the 2004 Act, an order under paragraph 19A ; andin proceedings under Schedule 7 to the 2004 Act, an order under paragraph 9(2) or (3) making provision equivalent to an order referred to in paragraph (c);

“pension sharing order” means—in proceedings under the 1973 Act, an order making provision under section 24B of that Act ;in proceedings under the 1984 Act, an order under section 17(1)(b) of that Act;in proceedings under Schedule 5 to the 2004 Act, an order under paragraph 15; orin proceedings under Schedule 7 to the 2004 Act, an order under paragraph 9(2) or (3) making provision equivalent to an order referred to in paragraph (c);

“pension scheme” means, unless the context otherwise requires, a scheme for which the Board has assumed responsibility in accordance with Chapter 3 of Part 2 of the Pensions Act 2004 (pension protection) or any provision in force in Northern Ireland corresponding to that Chapter;

“PPF compensation” has the meaning given to it—in proceedings under the 1973 Act, by section 21C of the 1973 Act ;in proceedings under the 1984 Act, by section 18(7) of the 1984 Act; andin proceedings under the 2004 Act, by paragraph 19F of Schedule 5 to the 2004 Act;

“relevant valuation” means a valuation of pension rights or benefits as at a date not more than 12 months earlier than the date fixed for the first appointment which has been furnished or requested for the purposes of any of the following provisions—the Pensions on Divorce etc (Provision of Information) Regulations 2000 ;regulation 5 of and Schedule 2 to the Occupational Pension Schemes (Disclosure of Information) Regulations 1996 and regulation 11 of and Schedule 1 to the Occupational Pension Schemes (Transfer Value) Regulations 1996 ;section 93A or 94(1)(a) or (aa) of the Pension Schemes Act 1993 ;section 94(1)(b) of the Pension Schemes Act 1993 or paragraph 2(a) (or, where applicable, 2(b)) of Schedule 2 to the Personal Pension Schemes (Disclosure of Information) Regulations 1987 ;the Dissolution etc. (Pensions) Regulations 2005 ;

“standard procedure” means the procedure set out in Chapter 4;

“variation order” means—in proceedings under the 1973 Act, an order under section 31 of that Act; orin proceedings under the 2004 Act, an order under Part 11 of Schedule 5 to that Act.

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

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(aa) where an application for establishment or modification of maintenance is made under Article 10 of the 2007 Hague Convention, references in this Part to “financial statement” apply to the applicant as if for “financial statement” there were substituted “Financial Circumstances Form;

(b) Sub-paragraph (aa) does not apply where the relief sought includes relief which is of a type to which ... the 2007 Hague Convention ... does not apply.

CHAPTER 2 — PROCEDURE FOR APPLICATIONS

When an Application for a financial order may be made

9

An application for a financial order may be made—

(a) in an application for a matrimonial or civil partnership order; or

(b) at any time after an application for a matrimonial or civil partnership order has been made.

Where to start proceedings

9

(1) An application for a financial remedy must be filed—

(a) if there are proceedings for a matrimonial order or a civil partnership order which are proceeding in the family court, in that court; or

(b) if there are proceedings for a matrimonial order or a civil partnership order which are proceeding in the High Court, in the registry in which those proceedings are taking place.

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

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

(. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . )

Application for an order preventing a disposition

9

(1) The Part 18 procedure applies to an application for an order preventing a disposition.

(2) An application for an order preventing a disposition may be made without notice to the respondent. (“Order preventing a disposition” is defined in rule 9.3.)

Application for interim orders

9

(1) A party may apply at any stage of the proceedings for—

(a) an order for maintenance pending suit;

(b) an order for maintenance pending outcome of proceedings;

(d) an interim variation order;

(da) an order for payment in respect of legal services; or

(e) any other form of interim order.

(2) An application for an order mentioned in paragraph (1) shall be made using the Part 18 procedure.

(3) Where a party makes an application before filing a financial statement, the written evidence in support must—

(a) explain why the order is necessary; and

(b) give up to date information about that party's financial circumstances.

(4) Unless the respondent has filed a financial statement, the respondent must, at least 7 days before the court is to deal with the application, file a statement of his means and serve a copy on the applicant.

(5) An application for an order mentioned in paragraph (1)(e) may be made without notice.

Application for periodical payments order at same rate as an order for maintenance pending suit

9

(1) This rule applies where there are matrimonial proceedings and—

(a) a conditional order of divorce or nullity of marriage has been made;

(b) at or after the date of the conditional order an order for maintenance pending suit is in force; and

(c) the spouse in whose favour the conditional order was made has made an application for an order for periodical payments.

(2) The spouse in whose favour the conditional order was made may apply, using the Part 18 procedure, for an order providing for payments at the same rate as those provided for by the order for maintenance pending suit.

Application for periodical payments order at same rate as an order for maintenance pending outcome of proceedings

9

(1) This rule applies where there are civil partnership proceedings and—

(a) a conditional order of dissolution or nullity of civil partnership has been made;

(b) at or after the date of the conditional order an order for maintenance pending outcome of proceedings is in force;

(c) the civil partner in whose favour the conditional order was made has made an application for an order for periodical payments.

(2) The civil partner in whose favour the conditional order was made may apply, using the Part 18 procedure, for an order providing for payments at the same rate as those provided for by, the order for maintenance pending the outcome of proceedings.

CHAPTER 3 — APPLICATIONS FOR FINANCIAL REMEDIES FOR CHILDREN

Application by parent, guardian etc for financial remedy in respect of children

9

(1) The following people may apply for a financial remedy in respect of a child—

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

(b) any person who is named in a child arrangements order as a person with whom a child of the family is to live, and any applicant for such an order;

(c) any other person who is entitled to apply for a child arrangements order which names that person as a person with whom a child is to live;

(d) a local authority, where an order has been made under section 31(1)(a) of the 1989 Act placing a child in its care;

(e) the Official Solicitor, if appointed the children's guardian of a child of the family under rule 16.24; and

(f) subject to paragraph (1A), a child of the family who has been given permission to apply for a financial remedy.

(1A) Where the application is—

(a) for the variation of an order under section 2(1)(c), 6 or 7 of the 1978 Act or paragraph 2(1)(c) of, or Part 2 or 3 of, Schedule 6 to the 2004 Act for periodical payments in respect of a child;

(b) the application is made by the child in question; and

the child does not require permission to make the application.

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

Children to be separately represented on certain applications

9

(1) Where an application for a financial remedy includes an application for an order for a variation of settlement, the court must, unless it is satisfied that the proposed variation does not adversely affect the rights or interests of any child concerned, direct that the child be separately represented on the application.

(2) On any other application for a financial remedy the court may direct that the child be separately represented on the application.

(3) Where a direction is made under paragraph (1) or (2), the court may if the person to be appointed so consents, appoint—

(a) a person other than the Official Solicitor; or

(b) the Official Solicitor,

to be a children's guardian and rule 16.24(5) and (6) and rules 16.25 to 16.28 apply as appropriate to such an appointment.

CHAPTER 4 — STANDARD PROCEDURE

Duties of the court and the applicant upon issuing an application

9

(1) When an application under this Part is issued , except where Chapter 5 of this Part applies —

(a) the court will fix a first appointment not less than 12 weeks and not more than 16 weeks after the date of the filing of the application; and

(b) subject to paragraph (2), within 4 days beginning with the date on which the application was filed, a court officer will—

(i) serve a copy of the application on the respondent; and

(ii) give notice of the date of the first appointment to the applicant and the respondent.

(2) Where the applicant wishes to serve a copy of the application on the respondent and on filing the application so notifies the court—

(a) paragraph (1)(b) does not apply;

(b) a court officer will return to the applicant the copy of the application and the notice of the date of the first appointment; and

(i) within 4 days beginning with the date on which the copy of the application is received from the court, serve the copy of the application and notice of the date of the first appointment on the respondent; and

(ii) file a certificate of service at or before the first appointment.

(Rule 6.37 sets out what must be included in a certificate of service.)

(3) The date fixed under paragraph (1), or for any subsequent appointment, must not be cancelled except with the court's permission and, if cancelled, the court must immediately fix a new date.

(4) In relation to an application to which ... the 2007 Hague Convention applies, where the applicant does not already know the address of the respondent at the time the application is issued, paragraph (2) does not apply and the court will serve the application in accordance with paragraph (1).

Service of application on mortgagees, trustees etc

9

(1) Where an application for a financial remedy includes an application for an order for a variation of settlement, the applicant must serve copies of the application on—

(a) the trustees of the settlement;

(b) the settlor if living; and

(2) In the case of an application for an avoidance of disposition order, the applicant must serve copies of the application on the person in whose favour the disposition is alleged to have been made.

(3) Where an application for a financial remedy includes an application relating to land, the applicant must serve a copy of the application on any mortgagee of whom particulars are given in the application.

(4) Any person served under paragraphs (1), (2) or (3) may make a request to the court in writing, within 14 days beginning with the date of service of the application, for a copy of the applicant's financial statement or any relevant part of that statement.

(5) Any person who—

(a) is served with copies of the application in accordance with paragraphs (1), (2) or (3); or

(b) receives a copy of a financial statement, or a relevant part of that statement, following an application made under paragraph (4),

may within 14 days beginning with the date of service or receipt file a statement in answer.

(6) Where a copy of an application is served under paragraphs (1), (2) or (3), the applicant must file a certificate of service at or before the first appointment.

(7) A statement in answer filed under paragraph (5) must be verified by a statement of truth.

Procedure before the first appointment

9

(1) Not less than 35 days before the first appointment both parties must simultaneously exchange with each other and file with the court a financial statement in the form referred to in Practice Direction 5A.

(2) The financial statement must—

(a) be verified by a statement of truth; and

(b) accompanied by the following documents only—

(i) any documents required by the financial statement;

(ii) any other documents necessary to explain or clarify any of the information contained in the financial statement; and

(iii) any documents provided to the party producing the financial statement by a person responsible for a pension arrangement, either following a request under rule 9.30 or as part of a relevant valuation; and

(iv) any notification or other document referred to in rule 9.37(2), (4) or (5) which has been received by the party producing the financial statement.

(2ZA) Paragraph (2A) applies where the court has determined that the procedure in this Chapter should apply to an application under ... Article 10 of the 2007 Hague Convention.

(2A) The requirement of paragraph (2)(a) relating to verification by a statement of truth does not apply to the financial statement of either party where the application has been made under—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) Article 10 of the 2007 Hague Convention, using the Financial Circumstances Form,

and the relief sought is limited to a type to which that Convention applies, but the court may at any time direct that the financial statement of either party shall be verified by a statement of truth.

(3) Where a party was unavoidably prevented from sending any document required by the financial statement, that party must at the earliest opportunity—

(a) serve a copy of that document on the other party; and

(b) file a copy of that document with the court, together with a written explanation of the failure to send it with the financial statement.

(4) No disclosure or inspection of documents may be requested or given between the filing of the application for a financial remedy and the first appointment, except—

(a) copies sent with the financial statement, or in accordance with paragraph (3); or

(b) in accordance with paragraphs (5) and (6).

(Rule 21,1 explains what is meant by disclosure and inspection.)

(5) Not less than 14 days before the hearing of the first appointment, each party must file with the court and serve on the other party—

(a) a concise statement of the issues between the parties;

(b) a chronology;

(c) a questionnaire setting out by reference to the concise statement of issues any further information and documents requested from the other party or a statement that no information and documents are required; and

(d) a notice stating whether that party will be in a position at the first appointment to proceed on that occasion to a FDR appointment.

(6) Not less than 14 days before the hearing of the first appointment, the applicant must file with the court and serve on the respondent confirmation—

(a) of the names of all persons served in accordance with rule 9.13(1) to (3); and

(b) that there are no other persons who must be served in accordance with those paragraphs.

Duties of the court at the first appointment

9

(1) The first appointment must be conducted with the objective of defining the issues and saving costs.

(2) At the first appointment the court must determine—

(a) the extent to which any questions seeking information under rule 9.14(5)(c) must be answered; and

(b) what documents requested under rule 9.14(5)(c) must be produced,

and give directions for the production of such further documents as may be necessary.

(3) The court must give directions where appropriate about—

(a) the valuation of assets (including the joint instruction of joint experts);

(b) obtaining and exchanging expert evidence, if required;

(d) further chronologies or schedules to be filed by each party.

(4) The court must direct that the case be referred to a FDR appointment unless—

(a) the first appointment or part of it has been treated as a FDR appointment and the FDR appointment has been effective; or

(b) there are exceptional reasons which make a referral to a FDR appointment inappropriate.

(5) If the court decides that a referral to a FDR appointment is not appropriate it must direct one or more of the following—

(a) that a further directions appointment be fixed;

(b) that an appointment be fixed for the making of an interim order;

(c) that the case be fixed for a final hearing and, where that direction is given, the court must determine the judicial level at which the case should be heard.

(Rule 3.4 makes provision in relation to cases in which the court considers non-court dispute resolution is appropriate.)

(6) In considering whether to make a costs order under rule 28.3(5), the court must have particular regard to the extent to which each party has complied with the requirement to send documents with the financial statement and the explanation given for any failure to comply.

(7) The court may—

(a) where an application for an interim order has been listed for consideration at the first appointment, make an interim order;

(b) having regard to the contents of the notice filed by the parties under rule 9.14(5)(d), treat the appointment (or part of it) as a FDR appointment to which rule 9.17 applies;

(c) in a case where a pension sharing order or a pension attachment order is requested, direct any party with pension rights to file and serve a Pension Inquiry Form, completed in full or in part as the court may direct; and

(d) in a case where a pension compensation sharing order or a pension compensation attachment order is requested, direct any party with PPF compensation rights to file and serve a Pension Protection Fund Inquiry Form, completed in full or in part as the court may direct.

(8) Both parties must personally attend the first appointment unless the court directs otherwise.

After the first appointment

9

(1) Between the first appointment and the FDR appointment, a party is not entitled to the production of any further documents except—

(a) in accordance with directions given under rule 9.15(2); or

(b) with the permission of the court.

(2) At any stage—

(a) a party may apply for further directions or a FDR appointment;

(b) the court may give further directions or direct that parties attend a FDR appointment.

The FDR appointment

9

(1) The FDR appointment must be treated as a meeting held for the purposes of discussion and negotiation.

(2) The judge hearing the FDR appointment must have no further involvement with the application, other than to conduct any further FDR appointment or to make a consent order or a further directions order.

(3) Not less than 7 days before the FDR appointment, the applicant must file with the court details of all offers and proposals, and responses to them.

(4) Paragraph (3) includes any offers, proposals or responses made wholly or partly without prejudice(GL), but paragraph (3) does not make any material admissible as evidence if, but for that paragraph, it would not be admissible.

(5) At the conclusion of the FDR appointment, any documents filed under paragraph (3), and any filed documents referring to them, must, at the request of the party who filed them, be returned to that party and not retained on the court file.

(6) Parties attending the FDR appointment must use their best endeavours to reach agreement on matters in issue between them.

(7) The FDR appointment may be adjourned from time to time.

(8) At the conclusion of the FDR appointment, the court may make an appropriate consent order.

(9) If the court does not make an appropriate consent order as mentioned in paragraph (8), the court must give directions for the future course of the proceedings including, where appropriate—

(a) the filing of evidence, including up to date information; ...

(b) fixing a final hearing date ; and

(10) Both parties must personally attend the FDR appointment unless the court directs otherwise.

CHAPTER 5 — FAST-TRACK PROCEDURE

Duties of the court and the applicant upon filing an application

9

(A1) This Chapter applies where, in accordance with rule 9.9B, the fast-track procedure applies to an application for a financial remedy.

(1) Where an application is issued—

(a) the court will fix a first hearing date not less than 6 weeks and not more than 10 weeks after the date of the filing of the application; and

(b) subject to paragraph (2), within 4 days beginning with the date on which the application was filed, a court officer will—

(i) serve a copy of the application on the respondent; and

(ii) give notice of the date of the first hearing to the applicant and the respondent.

(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Where the applicant wishes to serve a copy of the application on the respondent and, on filing the application, so notifies the court—

(a) paragraph (1)(b) does not apply;

(b) a court officer will return to the applicant the copy of the application and the notice of the date of the first hearing; and

(i) within 4 days beginning with the date on which the copy of the application is received from the court, serve the copy of the application and notice of the date of the first hearing on the respondent; and

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) file a certificate of service at or before the first hearing.

(3) The date fixed under paragraph (1), or for any other subsequent hearing or appointment must not be cancelled except with the court's permission and, if cancelled, the court must immediately fix a new date.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In relation to an application to which ... the 2007 Hague Convention applies, where the applicant does not already know the address of the respondent at the time the application is issued, paragraph (2) does not apply and the court will serve the application in accordance with paragraph (1).

Procedure before the first hearing

9

(1) Not more than 21 days after the date of the issue of the application both parties must simultaneously exchange with each other and file with the court a financial statement referred to in Practice Direction 5A.

(2) The financial statement must—

(a) be verified by a statement of truth; and

(b) contain the following documents only—

(i) any documents required by the financial statement; and

(ii) any other documents necessary to explain or clarify any of the information contained in the financial statement.

(2A) The requirement of paragraph (2)(a) relating to verification by statement of truth does not apply to the financial statement of either party where the application has been made under—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) Article 10 of the 2007 Hague Convention, using the Financial Circumstances Form,

but the court may at any time direct that the financial statement of either party shall be verified by a statement of truth.

(3) Where a party was unavoidably prevented from sending any document required by the financial statement, that party must at the earliest opportunity—

(a) serve a copy of that document on the other party; and

(b) file a copy of that document with the court, together with a statement explaining the failure to send it with the financial statement.

(4) No disclosure or inspection of documents may be requested or given between the filing of the application for a financial remedy and the first hearing except copies sent with the financial statement or in accordance with paragraph (3). (Rule 21.1 explains what is meant by disclosure and inspection.)

Power of the court to direct filing of evidence and set dates for further hearings

9

(1) If the court is able to determine the application at the first hearing, it must do so unless it considers that there are good reasons not to do so.

(2) Paragraphs (3) to (7) apply where the court does not determine the application at the first hearing.

(3) The court may give directions relating to—

(a) the filing of further evidence;

(b) the production of further documents;

(4) The court may use the first hearing or part of it as a FDR appointment.

(5) Where the court uses the first hearing or part of it as a FDR appointment, rule 9.17 applies with these modifications—

(a) for paragraph (3) substitute—

(3) At the first hearing, the applicant must produce to the court all offers and proposals and responses to them.

; and

(b) paragraph (7) does not apply.

(6) The court may direct that the application be referred to a FDR appointment.

(7) If the court decides that a referral to a FDR appointment is not appropriate it must direct one or more of the following—

(a) that a further directions appointment be fixed;

(b) that an appointment be fixed for the making of an interim order;

(c) that the case be fixed for a final hearing and, where that direction is given, the court must determine the judicial level at which the case should be heard.

(Rule 3.4 makes provision in relation to cases in which the court considers non-court dispute resolution is appropriate.)

Who the respondent is on an application under section 20 or section 20A of the 1978 Act or Part 6 of Schedule 6 to the 2004 Act

9

In relation to proceedings set out in column 1 of the following table, column 2 sets out who the respondents to those proceedings will be.

Proceedings by or against a person outside England and Wales for orders under section 20 of the 1978 Act or paragraphs 30 to 34 of Schedule 6 to the 2004 Act other than proceedings for variation of orders

9

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

Duty to make entries in the court’s register

9

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

CHAPTER 6 — GENERAL PROCEDURE

Power to order delivery up of possession etc.

9

(1) This rule applies where the court has made an order under—

(a) section 24A of the 1973 Act ;

(b) section 17(2) of the 1984 Act;

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