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The Family Procedure Rules 2010

Type Statutory-Instrument

Publication 2010-12-13

Last updated 2026-09-29

State In force

Department Statute Law Database

Source legislation.gov.uk

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These rules provide a new code of procedure for family proceedings in the High Court, county courts and magistrates' courts, and replace existing rules of court for family proceedings. The principal rules being replaced are the Family Proceedings Rules 1991, the Family Procedure (Adoption) Rules 2005 and, in so far as they relate to family proceedings, the Family Proceedings Courts (Children Act 1989) Rules 1991, the Family Proceedings (Matrimonial Proceedings etc) Rules 1991, and rules relating to the reciprocal enforcement of maintenance orders, in particular the Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) Rules 1974.

Reform history JSON API

(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,

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

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.

Records of decrees absolute and final orders

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.

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.)

How to start proceedings

8

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

Application 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.

Application to set aside a financial remedy order

9.9A

(1) In this rule—

(a) “financial remedy order” means an order or judgment that is a financial remedy, and includes—

(i) part of such an order or judgment; or

(ii) a consent order; and

(b) “set aside” means—

(i) in the High Court, to set aside a financial remedy order pursuant to section 17(2) of the Senior Courts Act 1981 and this rule;

(ii) in the family court, to rescind or vary a financial remedy order pursuant to section 31F(6) of the 1984 Act.

(2) A party may apply under this rule to set aside a financial remedy order where no error of the court is alleged.

(3) An application under this rule must be made within the proceedings in which the financial remedy order was made.

(4) An application under this rule must be made in accordance with the Part 18 procedure, subject to the modifications contained in this rule.

(5) Where the court decides to set aside a financial remedy order, it shall give directions for the rehearing of the financial remedy proceedings or make such other orders as may be appropriate to dispose of the application.

Standard and fast-track procedures for financial remedy proceedings

9.9B

(1) In this rule “order for periodical payments” means an order under—

(a) section 23(1)(a), (b), (d) or (e) of the 1973 Act;

(b) section 27(5) or (6)(a), (b), (d) or (e) of the 1973 Act;

(d) paragraph 2(1)(a), (b), (d) or (e) of Schedule 5 to the 2004 Act;

(e) paragraph 40 or 41(1)(a), (b), (d) or (e) of Schedule 5 to the 2004 Act.

(2) Subject to paragraph (3), an application for a financial remedy must be dealt with under the standard procedure.

(3) The fast-track procedure applies to—

(a) any application where the financial remedy sought is only for an order for periodical payments;

(b) any application made under—

(i) the 1978 Act;

(ii) Schedule 6 to the 2004 Act;

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

(iv) Article 10 of the 2007 Hague Convention;

(c) any application for the variation of an order for periodical payments, except where the applicant seeks the dismissal (immediate or otherwise) of the periodical payments order and its substitution with one or more of a lump sum order, a property adjustment order, a pension sharing order or a pension compensation sharing order.

(4) At any stage in the proceedings the court may order that an application proceeding under the fast-track procedure must proceed under the standard procedure.

(Rule 9.18A provides for specific occasions when the court may direct that a case should proceed under the standard procedure.)

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).

Request for change of procedure

9.18A

(1) Paragraph (2) applies where the applicant wishes to seek a direction from the court that the standard procedure should apply to an application to which the fast-track procedure would otherwise apply.

(2) Where this paragraph applies, a request for a direction—

(a) must be made with the application for a financial remedy; and

(b) must state—

(i) that the applicant seeks a direction that the standard procedure should apply; and

(ii) the applicant’s reasons for seeking such a direction.

(3) Paragraph (4) applies where—

(a) a respondent wishes to seek a direction from the court that the standard procedure should apply to an application to which the fast-track procedure would otherwise apply; or

(b) a respondent wishes to make representations on an application made by the applicant to which paragraph (1) applies.

(4) Where this paragraph applies, the respondent’s request or representations—

(a) must be filed with the court within 7 days of service of the application for a financial remedy; and

(b) must state—

(i) which procedure (standard or fast-track) the respondent wishes the court to direct should apply to the application for a financial remedy; and

(ii) the respondent’s reasons for seeking such a direction.

(5) Where a request or representations referred to in this rule have been made, the court must—

(a) determine without notice to the parties and before the first hearing whether the standard procedure or the fast-track procedure should apply to the application for a financial remedy; and

(b) notify the parties of its determination and any directions made in consequence of that determination.

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.)

Consideration of the application at the first hearing

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.

Duty to make entries in the court’s register

9.21A

Where a court officer receives notice of any direction made in the High Court or family court under section 28 of the 1978 Act by virtue of which an order made under that Act or the 2004 Act ceases to have effect, particulars of the direction must be noted in the court’s records.

Chapter5A — Certain applications

Application for a maintenance order, or revocation of a maintenance order to which the 1982 Act, the Lugano Convention, the 1988 Convention or the Maintenance Regulation applies

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;

(d) paragraph 9(4) of Schedule 7 to the 2004 Act.

(2) When the court makes an order mentioned in paragraph (1), it may order any party to deliver up to the purchaser or any other person—

(a) possession of the land, including any interest in, or right over, land;

(b) receipt of rents or profits relating to it; or

Where proceedings may be heard

9

(1) Paragraph (2) applies to an application—

(a) for a financial order;

(b) under Part 3 of the 1984 Act; or

(2) An application mentioned in paragraph (1) must be heard—

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

(b) where the case is proceeding in the High Court—

(i) at the Royal Courts of Justice; or

(ii) in matrimonial or civil partnership proceedings, any court at which sittings of the High Court are authorised.

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

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

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

(1) Subject to paragraph (5) and to rule 35.2, in relation to an application for a consent order—

(a) the applicant must file two copies of a draft of the order in the terms sought, one of which must be endorsed with a statement signed by the respondent to the application signifying agreement; and

(b) each party must file with the court and serve on the other party, a statement of information in the form referred to in Practice Direction 5A.

(2) Where each party's statement of information is contained in one form, it must be signed by both the applicant and respondent to certify that they have read the contents of the other party's statement.

(3) Where each party's statement of information is in a separate form, the form of each party must be signed by the other party to certify that they have read the contents of the statement contained in that form.

(4) Unless the court directs otherwise, the applicant and the respondent need not attend the hearing of an application for a consent order.

(5) Where all or any of the parties attend the hearing of an application for a financial remedy the court may—

(a) dispense with the filing of a statement of information; and

(b) give directions for the information which would otherwise be required to be given in such a statement in such a manner as it thinks fit.

(6) In relation to an application for a consent order under Part 3 of the 1984 Act or Schedule 7 to the 2004 Act, the application for permission to make the application may be heard at the same time as the application for a financial remedy if evidence of the respondent's consent to the order is filed with the application. (The following rules contain provision in relation to applications for consent orders - rule 9.32 (pension sharing order), rule 9.34 (pension attachment order), rule 9.41 (pension compensation sharing orders) and rule 9.43 (pension compensation attachment orders.)

Questions as to the court’s jurisdiction or whether the proceedings should be stayed

9.26A

(1) This rule applies to applications for maintenance where a question as to jurisdiction arises under—

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

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) Article 18 of the 2007 Hague Convention.

(2) If at any time after the issue of the application it appears to the court that it does not or may not have jurisdiction to hear an application, or that under the instruments referred to in paragraph (1) it is or may be required to stay the proceedings or to decline jurisdiction, the court must—

(a) stay the proceedings, and

(b) fix a date for a hearing to determine jurisdiction or whether there should be a stay or other order.

(3) The court officer will serve notice of the hearing referred to at paragraph (2)(b) on the parties to the proceedings.

(4) The court must, in writing—

(a) give reasons for its decision under paragraph (2), and

(b) where it makes a finding of fact, state such finding.

(5) The court may with the consent of all the parties deal with any question as to the jurisdiction of the court, or as to whether the proceedings should be stayed, without a hearing.

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

International Maintenance Obligations: Communication with the Central Authority for England and Wales

9.26AA

(1) Where the Lord Chancellor requests information or a document from the court officer for the relevant court for the purposes of ... Articles 12 or 25(2) of the 2007 Hague Convention, the court officer shall provide the requested information or document to the Lord Chancellor forthwith.

(2) In this rule, “relevant court” means the court at which an application under ...Article 10 of the 2007 Hague Convention has been filed.

[The Lord Chancellor is the Central Authority for England and Wales in relation to the 2007 Hague Convention...]

Adding or removing parties

9.26B

(1) The court may direct that a person or body be added as a party to proceedings for a financial remedy if—

(a) it is desirable to add the new party so that the court can resolve all the matters in dispute in the proceedings; or

(b) there is an issue involving the new party and an existing party which is connected to the matters in dispute in the proceedings, and it is desirable to add the new party so that the court can resolve that issue.

(2) The court may direct that any person or body be removed as a party if it is not desirable for that person or body to be a party to the proceedings.

(3) If the court makes a direction for the addition or removal of a party under this rule, it may give consequential directions about—

(a) the service of a copy of the application form or other relevant documents on the new party; and

(b) the management of the proceedings.

(4) The power of the court under this rule to direct that a party be added or removed may be exercised either on the court’s own initiative or on the application of an existing party or a person or body who wishes to become a party.

(5) An application for an order under this rule must be made in accordance with the Part 18 procedure and, unless the court directs otherwise, must be supported by evidence setting out the proposed new party’s interest in or connection with the proceedings or, in the case of removal of a party, the reasons for removal.

Method of making periodical payments

9.26C

(1) This rule applies where under section 1(4) or (4A) of the Maintenance Enforcement Act 1991 the court orders that payments under a qualifying periodical maintenance order are to be made by a particular means.

(2) The court officer will record on a copy of the order the means of payment that the court has ordered.

(3) The court officer will notify in writing the person liable to make payments under the order how the payments are to be made.

(4) Where under section 1(4A) of the Maintenance Enforcement Act 1991 the court orders payment to the court by a method of payment under section 1(5) of that Act, the court officer will notify the person liable to make payments under the order of sufficient details of the account into which payments should be made to enable payments to be made into that account.

(5) Where payments are made to the court, the court officer will give or send a receipt to any person who makes such a payment and who asks for a receipt.

(6) Where payments are made to the court, the court officer will make arrangements to make the payments to—

(a) the person entitled to them; or

(b) if the person entitled to them is a child, to the child or to the person with whom the child has his or her home.

(7) The Part 18 procedure applies to an application under section 1(7) of the Maintenance Enforcement Act 1991 (application from an interested party to revoke, suspend, revive or vary the method of payment).

(8) Where the court makes an order under section 1(7) of the Maintenance Enforcement Act 1991 or dismisses an application for such an order, the court officer will, as far as practicable, notify in writing all interested parties of the effect of the order and will take the steps set out in paragraphs (2), (3) and (4), as appropriate..

(9) In this rule, “interested party” and “qualifying periodical maintenance order” have the meanings given in section 1(10) of the Maintenance Enforcement Act 1991.

Court officer to notify subsequent marriage or formation of civil partnership of a person entitled to payments under a maintenance order

9.26D

(1) This rule applies where—

(a) there is an order of a type referred to in paragraph (4) which requires payments to be made to the court or to an officer of the court; and

(b) the court is notified in writing by—

(i) the person entitled to receive payments under the order;

(ii) the person required to make payments under the order; or

(iii) the personal representative of such a person,

that the person entitled to receive payments under the order has subsequently married or formed a civil partnership.

(2) The court officer will, where practicable, notify in writing the courts referred to in paragraph (3) of the notification of the subsequent marriage or formation of a civil partnership.

(3) The courts to be notified are—

(a) any other court which has made an order of a type referred to in paragraph (4);

(b) in the case of a provisional order made under section 3 of the 1920 Act or section 3 of the 1972 Act, the court which confirmed the order;

(c) if an order of a type referred to in paragraph (4) has been transmitted abroad for registration under section 2 of the 1920 Act or section 2 of the 1972 Act, the court in which the order is registered; and

(d) any other court in which an application to enforce the order has been made.

(4) The orders are—

(a) those to which the following provisions apply—

(i) section 38 of the 1973 Act;

(ii) section 4(2) of the 1978 Act;

(iii) paragraph 65 of Schedule 5 to the 2004 Act; and

(iv) paragraph 26(2) of Schedule 6 to the 2004 Act; and

(b) an attachment of earnings order made to secure payments under an order referred to in sub-paragraph (a).

(5) In this rule—

“the 1920 Act” means the Maintenance Orders (Facilities for Enforcement) Act 1920; and

“the 1972 Act” means the Maintenance Orders (Reciprocal Enforcement) Act 1972.

Enforcement and apportionment where periodical payments are made under more than one order

9.26E

(1) This rule applies where periodical payments are required to be made by a payer to a payee under more than one periodical payments order.

(2) Proceedings for the recovery of payments under more than one order may be made in one application by the payee, which must indicate the payments due under each order.

(3) Paragraphs (4) and (5) apply where any sum paid to the court on any date by a payer who is liable to make payments to the court under two or more periodical payments orders is less than the total sum that the payer is required to pay to the court on that date in respect of those orders.

(4) The payment madewill be apportioned between the orders in proportion to the amounts due under each order over a period of one year.

(5) If, as a result of the apportionment referred to in paragraph (4), the payments under any periodical payments order are no longer in arrears, the residue shall be applied to the amount due under the other order or, if there is more than one other order, shall be apportioned between the other orders in accordance with paragraph (4).

(6) In this rule—

“payee” means a person entitled to receive payments under a periodical payments order; and

“payer” means a person required to make payments under a periodical payments order.

CHAPTER 7 — ESTIMATES OF COSTS

Estimates of Costs

9

(1) Except where paragraph (4) applies, not less than one day before every hearing or appointment, each party must file with the court and serve on each other party an estimate of the costs incurred by that party up to the date of that hearing or appointment.

(2) Not less than one day before the first appointment, each party must file with the court and serve on each other party an estimate of the costs that party expects to incur up to the FDR appointment if a settlement is not reached.

(3) Not less than one day before the FDR appointment, each party must file with the court and serve on each other party an estimate of the costs that party expects to incur up to the final hearing if a settlement is not reached.

(4) Not less than 14 days before the date fixed for the final hearing of an application for a financial remedy, each party (“the filing party”) must (unless the court directs otherwise) file with the court and serve on each other party a statement giving full particulars of all costs in respect of the proceedings which the filing party has incurred or expects to incur, to enable the court to take account of the parties’ liabilities for costs when deciding what order (if any) to make for a financial remedy.

(5) A costs estimate filed and served in accordance with paragraph (1), (2) or (3) and particulars of costs filed and served in accordance with paragraph (4) must include confirmation—

(a) that they have been served on each other party; and

(b) in the case of a party who is legally represented, that they have been discussed with the party on whose behalf they are provided.

(6) Each party must bring to a hearing or appointment a copy of any estimate of costs filed and served in accordance with paragraph (1), (2) or (3) and any particulars of costs filed and served in accordance with paragraph (4).

(7) The amount of—

(a) a costs estimate filed and served in accordance with paragraph (1), (2) or (3); and

(b) particulars of costs filed and served in accordance with paragraph (4),

must be recorded in a recital to the order made at the hearing or appointment before which the estimate or particulars were filed or served.

(8) If a party fails to comply with paragraph (1), (2), (3) or (4)—

(a) this fact must be recorded in a recital to the order made at the hearing or appointment before which the costs estimate or particulars of costs should have been filed and served; and

(b) the court must direct that the relevant costs estimate or particulars of costs must be filed with the court and served on each other party within three days of the hearing or appointment or within such other time period as the court directs.

(Rule 28.3 makes provision for orders for costs in financial remedy proceedings.)

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