The Family Proceedings (Amendment) (No. 5) Rules 2005

• Citation: S.I. 2005/2922
• Sections: 132

Section 1 Citation, commencement and interpretation

(1) These Rules may be cited as the Family Proceedings (Amendment) (No. 5) Rules 2005.

(2) Rules 75 to 90 and 117(a)(vi) and (vii), (u), (y) to (bb) and 120 shall come into force on 30th December 2005 and the remainder of these Rules shall come into force on 5th December 2005.

(3) In these Rules a reference to a rule or Appendix by number alone is a reference to the rule or Appendix so numbered in the Family Proceedings Rules 1991 (“the 1991 Rules”) and a form referred to by letters or by letters and numbers means the form so designated in Appendix 1 or Appendix 1A to those Rules.

Section 2 Amendments to the 1991 Rules

In the Arrangement of Rules—

(a) For the heading following “PART II” substitute—

MATRIMONIAL AND CIVIL PARTNERSHIP CAUSES

(b) For the entry for rule 2.6B substitute—

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

(c) for the entry for rule 2.10 substitute—

Consent to grant of decree or civil partnership order

(d) for the entry for rule 2.12A substitute—

Supplemental: answer praying for decree or order of nullity on ground of issue of interim gender recognition certificate

(e) for the entry for rule 2.12B substitute—

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

(f) for the entry for rule 2.13A substitute—

Supplemental: reply to answer praying for decree or order of nullity on ground relating to gender recognition

(g) for the entry for rule 2.22 substitute—

Medical examination in proceedings for nullity of marriage

(h) for the entry for rule 2.26 substitute—

Directions as to allegations under section 1(2)(b) of Act of 1973 or section 44(5)(a) of Act of 2004

(i) for the entry for rule 2.39 substitute—

Procedure for complying with section 41 of Act of 1973 or section 63 of Act of 2004

(j) for the entry for rule 2.44 substitute—

Application for rescission of decree or conditional order

(k) for the entry for rule 2.45 substitute—

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

(l) for the entry for rule 2.48 substitute—

Rescission of decree nisi or conditional order by consent

(m) for the entry for rule 2.49 substitute—

Decree absolute or final order on lodging notice

(n) for the entry for rule 2.50 substitute—

Decree absolute or final order on application

(o) after the entry for rule 2.51 insert—

(2.51A) Indorsement and certificate of final order

(p) in the entry for rule 2.51A, for “2.51A” substitute “2.51B”;

(q) in the entry for rule 2.51AA, for “2.51AA” substitute “2.51C”;

(r) in the entry for rule 2.51B, for “2.51B” substitute “2.51D”;

(s) for the entry for rule 2.67 substitute—

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

(t) for the entry for rule 2.68 substitute—

Application for order under section 37(2)(a) of Act of 1973 or paragraph 74(2) of Schedule 5 to Act of 2004

(u) for the entry for rule 3.5 substitute—

Application of other rules to proceedings under section 35 or 36 of Act of 1973 or under paragraph 69 or 73 of Schedule 5 to Act of 2004

(v) for the entry for rule 3.6 substitute—

Married Women’s Property Act 1882 or section 66 of Act of 2004

(w) for the entry for rule 3.7 substitute—

Exercise in principal registry of county court jurisdiction under section 17 of Married Women’s Property Act 1882 or under section 66 of Act of 2004

(x) after the entry for rule 3.12 insert—

(3.12A) Application under section 58 of Act of 2004 for declaration as to civil partnership status

(y) for the entry for rule 3.17 substitute—

Application for leave under section 13 of Act of 1984 or under paragraph 4 of Schedule 7 to Act of 2004

(z) for the entry for rule 3.18 substitute—

Application for order for financial relief or avoidance of transaction order under Part III of Act of 1984 or under Schedule 7 to Act of 2004

(aa) for the entry for rule 3.19 substitute—

Application for order under section 24 of Act of 1984 or paragraph 17 of Schedule 7 to Act of 2004 preventing transaction

(bb) after the entry for rule 3.20 insert—

(3.20A) Consent to registration of civil partnership of child

(cc) for the entry for rule 6.18A substitute “6.18”;

(dd) for the entry for rule 7.6 substitute—

Special provisions as to judgment summonses in designated county courts

(ee) for the entry for rule 10.14 substitute—

Evidence of marriage or overseas relationship outside England and Wales

(ff) for the entry for rule 10.22 substitute—

Practice to be observed in district registries and designated county courts

Section 3 Amendments to the 1991 Rules

In rule 1.2—

(a) In paragraph (1)—

(i) after “the Child Support Act 1991 ;” insert—

“the Act of 2004” means the Civil Partnership Act 2004;

(ii) in the definition of “ancillary relief”, after paragraph (c) insert—

(ca) an order for maintenance pending outcome of proceedings,

(iii) for the definition of “avoidance of disposition order” substitute—

“ avoidance of disposition order ” means—

in matrimonial proceedings, an order under section 37(2)(b) or (c) of the Act of 1973, and

in civil partnership proceedings, an order under paragraph 74(3) or (4) of Schedule 5 to the Act of 2004;

(iv) for the definition of “cause” substitute—

“ cause ” means—

a matrimonial cause or a civil partnership cause, or

proceedings under section 19 of the Act of 1973 (presumption of death and dissolution of marriage), or

proceedings under section 55 of the Act of 2004 (presumption of death);

(v) for the definition of “child” and “child of the family” substitute—

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

“child of the family” has, except in Part IV, the meaning assigned to it by section 105(1) of the Act of 1989 ;

“ civil partnership cause ” has the meaning assigned to it by section 32 of the Act of 1984;

“ civil partnership order ” means one of the orders mentioned in section 37 of the Act of 2004;

“ civil partnership proceedings county court ” means a county court so designated by the Lord Chancellor under section 36A of the Act of 1984;

(vi) for the definition of “consent order” substitute—

“ consent order ” means—

in matrimonial proceedings, an order under section 33A of the Act of 1973, and

in civil partnership proceedings, an order under paragraph 66 of Schedule 5 to the Act of 2004;

(vii) for the definition of “court of trial” substitute—

“ court of trial ” means—

in matrimonial proceedings, a divorce county court designated by the Lord Chancellor as a court of trial pursuant to section 33(1) of the Act of 1984, and

in civil partnership proceedings, a civil partnership proceedings county court designated by the Lord Chancellor as a court of trial pursuant to section 36A(1)(b) of the Act of 1984, and

in matrimonial proceedings pending in a divorce county court or in civil partnership proceedings pending in a civil partnership proceedings county court, the principal registry shall be treated as a court of trial having its place of sitting at the Royal Courts of Justice;

(viii) after the definition of “defended cause” insert—

“ designated county court ” means a court designated as—

a divorce county court, or

a civil partnership proceedings county court, or

both a divorce county court and a civil partnership proceedings county court;

“ dissolution town ”, in relation to any civil partnership proceedings, means a place at which sittings of the High Court are authorised to be held outside the Royal Courts of Justice for the hearing of such proceedings or proceedings of the class to which they belong;

(ix) for the definition of “district registry” substitute—

“district registry”, except in rule 4.22(2A), means—

in matrimonial proceedings, any district registry having a divorce county court within its district;

in civil partnership proceedings, any district registry having a civil partnership proceedings county court within its district; and

in any other case, any district registry having a designated county court within its district

(x) for the definition of “financial provision order” substitute—

“ financial provision order ” means—

in matrimonial proceedings, any of the orders mentioned in section 21(1) of the Act of 1973, except an order under section 27(6) of that Act, and

in civil partnership proceedings, any of the orders mentioned in paragraph 2(1) of Schedule 5 to the Act of 2004, made under Part 1 of Schedule 5 to that Act;

(xi) for the definition of “financial relief” substitute—

“financial relief” has—

in matrimonial proceedings, the meaning assigned to it by section 37 of the Act of 1973, and

in civil partnership proceedings, the meaning assigned to it by paragraph 74 of Schedule 5 to the Act of 2004;

(xii) after the definition of “judge” insert—

“ matrimonial cause ” has the meaning assigned to it by section 32 of the Act of 1984;

(xiii) after the definition of “officer of the service” insert—

“ order for maintenance pending outcome of proceedings ” means an order under paragraph 38 of Schedule 5 to the Act of 2004;

(xiv) for the definition of “property adjustment order” substitute—

“ property adjustment order ” means—

in matrimonial proceedings, any of the orders mentioned in section 21(2) of the Act of 1973, and

in civil partnership proceedings, any of the orders mentioned in paragraph 7(1) of Schedule 5 to the Act of 2004;

(xv) for ““registry for the divorce town”” substitute ““registry for the divorce town or dissolution town””;

(xvi) in the definition of “Royal Courts of Justice”, after “divorce county court”, insert “or civil partnership proceedings pending in a civil partnership proceedings county court”;

(xvii) in paragraph (iv) and (v) of the definition of “undefended cause”, after “decree” insert “or civil partnership order, as the case may be,”;

(xviii) for the definition of “variation order” substitute—

“ variation order ” means—

in matrimonial proceedings, an order under section 31 of the Act of 1973, and

in civil partnership proceedings, an order under Part 11 of Schedule 5 to the Act of 2004.

(b) in paragraph (2), for the words after “decree” substitute—

or civil partnership order has been made on the petition, or it has been otherwise finally disposed of.

(c) for paragraph (6) substitute—

(6) References in these rules to a county court shall—

(a) in matrimonial proceedings, be construed as references to a divorce county court, and

(b) in civil partnership proceedings, be construed as references to a civil partnership proceedings county court.

(d) after paragraph (7) insert—

(8) In this rule and in rule 1.4, “ civil partnership proceedings ” means proceedings of a kind with respect to which civil partnership proceedings county courts have jurisdiction by or under section 36A, 36B or 36C of the Act of 1984.

(9) In these Rules—

(a) a reference to a conditional order is a reference to an order made under Chapter 2 of Part 2 of the Act of 2004 of a kind mentioned in section 37(1)(a), (b) or (c) of that Act which has not been made final; and

(b) except in rule 8.1 and 8.1A, a reference to a final order is a reference to such an order which has been made final.

Section 4 Amendments to the 1991 Rules

In rule 1.4—

(a) for paragraph (1) substitute—

(1) Subject to the provisions of these rules—

(a) matrimonial proceedings pending at any time in the principal registry which, if they had been begun in a divorce county court, would be pending at that time in such a court, shall be treated, for the purposes of these rules and of any provision of the County Court Rules 1981 and the County Courts Act 1984, as pending in a divorce county court and not in the High Court, and

(b) civil partnership proceedings pending at any time in the principal registry which, if they had been begun in a civil partnership proceedings county court, would be pending at that time in such a court, shall be treated, for the purposes of these rules and of any provision of the County Court Rules 1981 and the County Courts Act 1984 , as pending in a civil partnership proceedings county court and not in the High Court.

(b) in paragraph (2)—

(i) after “a divorce county court” the first time it appears insert “or a civil partnership proceedings county court or a designated county court”;

(ii) omit “a divorce county court” the second time it appears; and

(iii) after “to or from” insert “,”.

Section 5 Amendments to the 1991 Rules

For the heading following “PART II” substitute “MATRIMONIAL AND CIVIL PARTNERSHIP CAUSES”.

Section 6 Amendments to the 1991 Rules

In rule 2.1—

(a) after paragraph (b), omit “and” and insert—

(c) to applications under Schedule 5 to the Act of 2004 except Part 9, Part 12 and paragraphs 69 and 73 of that Schedule; and

(b) for “(c)” substitute “(d)”; and

(c) after “section 41 of the Act of 1973” insert “and section 63 of the Act of 2004”.

Section 7 Amendments to the 1991 Rules

In rule 2.2(2)—

(a) after “nullity” insert “of marriage”; and

(b) after “judicial separation” insert “, or for dissolution, nullity of civil partnership or separation,”.

Section 8 Amendments to the 1991 Rules

In rule 2.6—

(a) for paragraph (1) substitute—

(1) A petition may be presented—

(a) in a matrimonial cause, to any divorce county court, and

(b) in a civil partnership cause, to any civil partnership proceedings county court.

(b) in paragraph (2), after “marriage” insert “or civil partnership”;

(c) in paragraph (3), after “judicial separation” insert “or dissolution or separation”;

(d) in paragraph (4)—

(i) for “Where” substitute “In a matrimonial cause, where”; and

(ii) for “disposed of by a final order” substitute “finally disposed of”;

(e) after paragraph (4) insert—

(4A) In a civil partnership cause, where there is before a civil partnership proceedings county court or the High Court a petition which has not been dismissed or otherwise finally disposed of, another petition by the same petitioner in respect of the same civil partnership shall not be presented without leave granted on an application made in the pending proceedings:

But no such leave shall be required where it is proposed, after the expiration of the period of one year from the date of the civil partnership, to present a petition for dissolution alleging such of the facts mentioned in section 44(5) of the Act of 2004 as were alleged in a petition for separation presented before the expiration of that period.

(f) for paragraph (6) substitute—

(6) CCR Order 3, rule 4(2) (which, as applied by rule 5 of that Order, deals with the filing and service of petitions) shall not apply, but on the filing of the petition the proper officer shall annex to every copy of the petition for service a notice—

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

(b) in a civil partnership cause, in Form M5A with Form M6A attached,

and shall also annex to the copy petition for service on a respondent the copy of any statement and report filed pursuant to paragraph (5) of this rule.

Section 9 Amendments to the 1991 Rules

In rule 2.6A—

(a) in paragraph (1), for the words after “petition” to the end of the paragraph substitute—

—

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

(b) for nullity of civil partnership under section 50(1)(d) of the Act of 2004.

(b) in paragraph (4), for the words after “pending” substitute—

.

(5) Where a copy of an interim certificate has been filed under paragraph (2) the notice given under paragraph (3) must be accompanied by a copy of the certificate.

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

(a) in a matrimonial cause—

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

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

(b) in a civil partnership cause—

(i) the names of the parties to the civil partnership and the date on, and 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

(c) in any case, such further particulars as the proper officer considers appropriate.

Section 10 Amendments to the 1991 Rules

In rule 2.6B—

(a) in the heading, after “marriage” insert “or civil partnership”.

(b) in the rule—

(i) after “nullity” insert “of marriage”; and

(ii) after “the Act of 1973” insert “or a petition for nullity of civil partnership is brought under section 50(1)(e) of the Act of 2004”.

Section 11 Amendments to the 1991 Rules

In rule 2.9—

(a) in paragraph (5)(a), after “Form M6” insert “or Form M6A, as the case may be,”;

(b) in paragraph (6A)—

(i) in sub-paragraph (a), after “decree” the first time it appears insert “or civil partnership order, as the case may be,”;

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

(b) no other relevant fact is alleged,

(iii) after “decree” the second time it appears insert “or order”; and

(c) after paragraph (6A) insert—

(6B) In this rule a relevant fact is—

(a) in a matrimonial cause, one of the facts mentioned in section 1(2) of the Act of 1973, and

(b) in a civil partnership cause, one of the facts mentioned in section 44(5) of the Act of 2004.

Section 12 Amendments to the 1991 Rules

In rule 2.9A—

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

(b) after paragraph (1), insert—

(1A) This rule also applies where a petition for nullity of civil partnership is brought under—

(a) section 50(1)(d) of the Act of 2004 and an interim gender recognition certificate has been issued to the respondent,

(b) section 50(1)(e) of the Act of 2004 and a full gender recognition certificate has been issued to the respondent.

(c) in paragraph (2), after “Form M6” insert “or Form M6A, as the case may be,”.

Section 13 Amendments to the 1991 Rules

In rule 2.10—

(a) in the heading, after “decree” insert “or civil partnership order”;

(b) in the rule after “decree”, wherever it appears, insert “or civil partnership order”;

(c) in paragraph (2), for “none of the other facts mentioned in section 1(2) of the Act of 1973” substitute “no other relevant fact”; and

(d) after paragraph (2) insert—

(3) In this rule a relevant fact is—

(a) in a matrimonial cause, one of the facts mentioned in section 1(2) of the Act of 1973, and

(b) in a civil partnership cause, one of the facts mentioned in section 44(5) of the Act of 2004.

Section 14 Amendments to the 1991 Rules

In rule 2.12—

(a) in paragraph (1)(c)—

(i) after “the Act of 1973” insert “, or section 47(1) of the Act of 2004, as the case may be,”; and

(ii) after “decree” insert “or civil partnership order”; and

(b) in paragraph (4), after “the Act of 1973” insert “or under section 50(1)(b) of the Act of 2004”.

Section 15 Amendments to the 1991 Rules

In rule 2.12A—

(a) in the heading, after “decree” insert “or order”;

(b) in paragraph (1), after “nullity” insert “of marriage”;

(c) after paragraph (1) insert—

(1A) This rule also applies to an answer under rule 2.12(1) which prays for an order for nullity of civil partnership under section 50(1)(d) of the Act of 2004.

(d) in paragraph (4), for the words after “pending” substitute—

.

(5) Where a copy of an interim certificate has been filed under paragraph (2) the notice given under paragraph (3) must be accompanied by a copy of the certificate.

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

(a) in a matrimonial cause—

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

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

(b) in a civil partnership cause—

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

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

(c) in any case, such further particulars as the proper officer considers appropriate.

Section 16 Amendments to the 1991 Rules

In rule 2.12B—

(a) in the heading—

(i) after “decree” insert “or order”; and

(ii) after“marriage” insert “or civil partnership”;

(b) after “nullity” insert “of marriage”; and

(c) after “the Act of 1973” insert “or an order for nullity of civil partnership under section 50(1)(e) of the Act of 2004”.

Section 17 Amendments to the 1991 Rules

In rule 2.13(2), after “decree” insert “or civil partnership order”.

Section 18 Amendments to the 1991 Rules

In rule 2.13A—

(a) in the heading, after “decree” insert “or order”;

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

(c) after paragraph (1) insert—

(1A) This rule also applies where an answer is filed under rule 2.12(1) which prays for an order of nullity of civil partnership under—

(a) section 50(1)(d) of the Act of 2004 and an interim gender recognition certificate has been issued to the petitioner;

(b) section 50(1)(e) of the Act of 2004 and a full gender recognition certificate has been issued to the petitioner.

Section 19 Amendments to the 1991 Rules

In rule 2.15—

(a) in paragraph (1), after “husband or wife” insert “or a civil partner, as the case may be”; and

(b) in paragraph (2)—

(i) after “husband or wife” insert “or a civil partner”; and

(ii) after “(g)” insert “,(ga)”.

Section 20 Amendments to the 1991 Rules

In rule 2.17, for the words after “notice” substitute—

—

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

(b) in a civil partnership cause, in Form M5A with Form M6A attached,

and shall send a copy to every other opposite party.

Section 21 Amendments to the 1991 Rules

In rule 2.21(3), for “divorce county court” substitute “designated county court”.

Section 22 Amendments to the 1991 Rules

In rule 2.22, for the heading substitute “Medical examination in proceedings for nullity of marriage”.

Section 23 Amendments to the 1991 Rules

In rule 2.24—

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

(b) in paragraph (2), for “divorce county court” substitute “designated county court”;

(c) for paragraph (3) substitute—

(3) Where—

(a) the cause is an undefended cause for divorce or judicial separation or nullity of marriage under section 12(g) of, or paragraph 11(1)(e) of Schedule 1 to, the Act of 1973 and, in a case to which section 1(2)(d) of the Act of 1973 applies, the respondent has filed a notice under rule 2.10(1) that he consents to the grant of a decree, or

(b) the cause is an undefended cause for dissolution or separation or nullity of civil partnership under section 50(1)(d) of the Act of 2004 and, in a case to which section 44(5)(b) of the Act of 2004 applies, the respondent has filed a notice under rule 2.10(1) that he consents to the grant of a civil partnership order,

then, unless otherwise directed, there shall be filed with the request for directions for trial an affidavit by the petitioner in accordance with the requirements set out in paragraph (3A), and the district judge shall give directions for trial by entering the cause in a list to be known as the special procedure list.

(3A) An affidavit filed under paragraph (3) must—

(a) contain the information required by Form M7(a), (b), (c), (d), (e), (f) or (g) (whichever is appropriate) as near as may be in the order there set out, together with any corroborative evidence on which the petitioner intends to rely, and

(b) verify, with such amendments as the circumstances may require, the contents of any statement of arrangements filed by the petitioner under rule 2.2(2).

(d) in paragraph (6), for “(3)(b)” substitute “(3A)(b)”; and

(e) in paragraph (7), after “(3)” insert “, (3A)”.

Section 24 Amendments to the 1991 Rules

In rule 2.26, in the heading, after “Act of 1973” insert “or section 44(5)(a) of Act of 2004”.

Section 25 Amendments to the 1991 Rules

After rule 2.27 insert—

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

(2.27AA)

(1) An application to the court by the petitioner or respondent in proceedings for a dissolution order for an order under rule 3 of the Family Proceedings (Civil Partnership: Staying of Proceedings) Rules 2005 (in this rule referred to as the “ Staying of Proceedings Rules ”) shall be made to the district judge, who may determine the application or refer the application, or any question arising thereon, to a judge for his decision as if the application were an application for ancillary relief.

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

(3) Where, on giving directions for trial, it appears to the district judge from any information given pursuant to paragraph 1(j) of Appendix 2 or rule 2.15(4) or paragraph (5) of this rule that any proceedings which are in respect of the civil partnership in question or which are capable of affecting its validity or subsistence are continuing in any country outside England and Wales and he considers that the question whether the proceedings on the petition should be stayed under rule 4 of the Staying of Proceedings Rules ought to be determined by the court, he shall fix a date, time and place for the consideration of that question by a judge and give notice thereof to all parties.

(4) In paragraph (3), the reference to “ proceedings continuing in any country outside England and Wales ” has the same meaning as in paragraph 1(j) of Appendix 2.

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

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

Section 26 Amendments to the 1991 Rules

In rule 2.30—

(a) for paragraph (1) substitute—

(1) A witness summons in a cause pending in a designated county court may be issued in that court or in the court of trial at which the cause is to be tried.

(b) in paragraph (2), after “divorce town” insert “or a dissolution town”.

Section 27 Amendments to the 1991 Rules

In rule 2.32—

(a) in paragraph (2), for “divorce county court” substitute “designated county court”;

(b) in paragraph (3), after “Any” insert “matrimonial”;

(c) after paragraph (3) insert—

(3A) Any civil partnership cause begun by petition which is pending in the High Court may be tried at the Royal Courts of Justice or at any dissolution town.

(d) in paragraph (4), for “A” substitute “In a matrimonial cause, a”;

(e) after paragraph (4), insert—

(4A) In a civil partnership cause, a judge or the district judge of the registry for the dissolution town at which any cause has been set down for trial may, where it appears to him that the cause cannot conveniently be tried at that town, order that it be tried at some other dissolution town and rule 10.10(4) and (5) shall apply to such an order as it applies to an order under paragraph (1) of that rule.

(f) in paragraph (5), for “divorce county court” substitute “designated county court”; and

(g) in paragraph (6)—

(i) after “the divorce town”, wherever it appears, insert “or the dissolution town”; and

(ii) after “a divorce town” insert “or a dissolution town”.

Section 28 Amendments to the 1991 Rules

In rule 2.34(1), after “divorce town” insert “or the dissolution town”.

Section 29 Amendments to the 1991 Rules

In rule 2.36—

(a) in paragraph (1) and (2), after “decree”, wherever it appears, insert “or civil partnership order, as the case may be,”;

(b) in paragraph (4), after “decree” insert “or civil partnership order”; and

(c) after paragraph (4) insert—

(5) Paragraph (4) does not apply to a certificate which relates to—

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

(b) an order for nullity of civil partnership under section 50(1)(d) of the Act of 2004,

unless the court has given leave.

Section 30 Amendments to the 1991 Rules

In rule 2.37(3)—

(a) after “judicial separation” insert “or a conditional order of dissolution or an order of separation,”; and

(b) after “decree” insert “or civil partnership order, as the case may be,”.

Section 31 Amendments to the 1991 Rules

In rule 2.38(2), after “Act of 1973” insert “or under section 63(1) of the Act of 2004, as the case may be”.

Section 32 Amendments to the 1991 Rules

In rule 2.39—

(a) in the heading, after “Act of 1973” insert “or section 63 of Act of 2004”;

(b) in paragraph (1), after “the Act of 1973” insert “or in section 63(1) of the Act of 2004, as the case may be,” ;

(c) in paragraph (2)—

(i) for sub-paragraph (a) substitute—

(a) there are no children of the family to whom—

(i) in a matrimonial cause, section 41 of the Act of 1973 applies; or

(ii) in a civil partnership cause, section 63 of the Act of 2004 applies, or

(ii) in sub-paragraph (b), for “any direction under section 41(2) of the Act of 1973”, substitute “a relevant direction”;

(d) in paragraph (3), for “section 41(2) of the Act of 1973” substitute “his power to give a relevant direction”;

(e) in paragraph (4), for “direction under section 41(2) of the Act of 1973” substitute “relevant direction”; and

(f) for paragraph (5) substitute—

(5) In this rule—

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

(b) “ relevant direction ” means a direction—

(i) in a matrimonial cause, under section 41(2) of the Act of 1973, and

(ii) in a civil partnership cause, under section 63(2) of the Act of 2004.

Section 33 Amendments to the 1991 Rules

In rule 2.41, for “divorce county court”, wherever it appears, substitute “designated county court”.

Section 34 Amendments to the 1991 Rules

In rule 2.42—

(a) in paragraph (1), for “divorce county court” substitute “designated county court”; and

(b) in paragraph (8)—

(i) after “marriage” insert “or a final order of dissolution or nullity of civil partnership”;

(ii) after “was founded” insert “or the conditional order on which the final order was founded, as the case may be,”; and

(c) in paragraph (10), after “decree” insert “or civil partnership order, as the case may be,”.

Section 35 Amendments to the 1991 Rules

In rule 2.43—

(a) in paragraph (1)—

(i) for “every order made in open court” substitute “every civil partnership order, every other order made in open court”;

(ii) in sub-paragraph (a), for “divorce county court” substitute “designated county court”; and

(iii) in sub-paragraph (c), after “divorce town” insert “or at a dissolution town”.

(b) in paragraph (2)—

(i) after “decree” insert “or civil partnership order”; and

(ii) for “divorce county court” substitute “designated county court”.

Section 36 Amendments to the 1991 Rules

In rule 2.44—

(a) in the heading, after “decree” insert “or conditional order”; and

(b) for paragraph (1), substitute—

(1) An application by a respondent—

(a) under section 10(1) of the Act of 1973 for the rescission of a decree of divorce, or

(b) under section 48(1) of the Act of 2004 for the rescission of a conditional order of dissolution,

shall be made to a judge and shall be heard in open court, save that where the decree or civil partnership order was pronounced by a district judge the application shall be made to a district judge.

Section 37 Amendments to the 1991 Rules

In rule 2.45—

(a) in the heading, after “Act of 1973” insert “or section 48(2) of Act of 2004”;

(b) in paragraph (1)—

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

(ii) for “the divorce” substitute “that divorce or dissolution”;

(c) in paragraph (5)—

(i) for “Where” substitute “In a matrimonial cause, where”; and

(ii) for “2.51B” substitute “2.51D”;

(d) after paragraph (5), insert—

(5A) In a civil partnership cause, where the petitioner has relied on the fact of two or five years separation and the court has granted a conditional order without making any finding as to any other fact mentioned in section 44(5) of the Act of 2004, rules 2.51D to 2.70 and 10.10 shall apply as if the application were an application for ancillary relief and, unless the context otherwise requires, those rules shall be read as if all references to Form A were references to Form B.

(e) in paragraph (6), for “A” substitute “In a matrimonial cause, a”; and

(f) after paragraph (6) insert—

(6A) In a civil partnership cause, a statement of any of the matters mentioned in section 48(4) of the Act of 2004 with respect to which the court is satisfied, or, where the court has proceeded under section 48(5) of that Act, a statement that the conditions for which that subsection provides have been fulfilled, shall be entered in the records of the court.

Section 38 Amendments to the 1991 Rules

In rule 2.46—

(a) for paragraph (1) substitute—

(1) If the Queen’s Proctor wishes to show cause—

(a) against a decree nisi being made absolute, or

(b) against a conditional order being made final,

he shall give notice to that effect to the court and to the party in whose favour it was pronounced.

(b) in paragraph (2)—

(i) after “the decree”, the first time it appears, insert “or civil partnership order, as the case may be,”; and

(ii) for “the decree”, the second time it appears, substitute “that decree or order”;

(c) in paragraph (5), after “decree” insert “or civil partnership order”; and

(d) in paragraph (6), after “decree nisi” insert “or the conditional order”.

Section 39 Amendments to the 1991 Rules

In rule 2.47—

(a) for paragraph (1) substitute—

(1) If any person other than the Queen’s Proctor wishes to show cause—

(a) under section 9 of the Act of 1973 against a decree nisi being made absolute, or

(b) under section 40 of the Act of 2004 against a conditional order being made final,

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

(b) in paragraph (6), after “decree nisi” insert “or the conditional order”; and

(c) in paragraph (7), after “decree” insert “or order”.

Section 40 Amendments to the 1991 Rules

In rule 2.48—

(a) in the heading, after “decree nisi” insert “or conditional order”;

(b) for paragraph (1) substitute—

(1) Where a reconciliation has been effected between the petitioner and the respondent—

(a) in a matrimonial cause—

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

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

(b) in a civil partnership cause—

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

(ii) after a separation order has been made,

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

(c) in paragraph (2)—

(i) for “divorce county court” substitute “designated county court”;

(ii) after “spouse” insert “or civil partner, as the case may be,”; and

(iii) after “decree” insert “or civil partnership order”.

Section 41 Amendments to the 1991 Rules

In rule 2.49—

(a) in the heading, after “Decree absolute” insert “or final order”;

(b) for paragraph (1) substitute—

(1) Subject to rule 2.50(1) an application by—

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

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

may be made by lodging with the court a notice in Form M8.

(c) in paragraph (2)—

(i) in sub-paragraphs (a) and (b), after “decree”, wherever it appears insert “or the conditional order”;

(ii) in sub-paragraph (e), at the beginning of the sub-paragraph, insert “if the cause is a matrimonial cause,”

(iii) after sub-paragraph (e), insert—

(ea) if the cause is a civil partnership cause, that the court has complied with section 63(1) of the Act of 2004 and has not given any direction under section 63(2);

(iv) in sub-paragraph (f), after “decree” insert “or the conditional order, as the case may be”;

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

(vi) after sub-paragraph (g) insert—

(ga) if the cause is a civil partnership cause, that the provisions of section 48(2) to (5) of the Act of 2004 do not apply or have been complied with;

(vii) in sub-paragraph (i), after “the Act of 1973” insert “or the conditional order was made on the ground in section 50(1)(d) of the Act of 2004, as the case may be”;

(viii) after “the district judge shall make the decree absolute” insert “the district judge shall make the decree absolute or the conditional order final”;

(ix) in the part of paragraph (2) which begins “Provided that”, after “decree nisi”, wherever it appears, insert “or the conditional order”;

(x) after “(c)”, the second time it appears, insert “if the cause is a matrimonial cause,”; and

(xi) at the end of paragraph (c), insert—

or

(d) if the cause is a civil partnership cause, stating whether either of the civil partners has, or whether the applicant has reason to believe that the respondent has, given birth to any child since the conditional order and, if so, stating the relevant facts and whether or not it is alleged that the child is or may be a child of the family;

Section 42 Amendments to the 1991 Rules

In rule 2.50—

(a) in the heading, after “Decree absolute” insert “or final order”;

(b) in paragraph (1)—

(i) after “decree nisi to be made absolute” insert “or a conditional order to be made final”;

(ii) in sub-paragraph (a), at the beginning of the sub-paragraph, insert “in a matrimonial cause,”;

(iii) after sub-paragraph (a) insert—

(aa) in a civil partnership cause, where the Queen’s Proctor gives to the court and to the party in whose favour the conditional order was made a notice that he requires more time to decide whether to show cause against the conditional order being made final and the notice has not been withdrawn, or

(iv) in sub-paragraph (b), after “made absolute” insert “or the conditional order is made final”;

(v) for “divorce county court” substitute “designated county court”; and

(vi) after “sub-paragraph (a)”, insert “or (aa)”; and

(c) for paragraph (2) substitute—

(2) An application—

(a) by a spouse for a decree nisi pronounced against him to be made absolute may be made to a judge or the district judge, and the summons by which the application is made (or, where the cause is pending in a divorce county court, notice of the application) shall be served on the other spouse not less than four clear days before the day on which the application is heard, or

(b) by a civil partner for a conditional order pronounced against him to be made final may be made to a judge or the district judge, and the summons by which the application is made (or, where the cause is pending in a civil partnership proceedings county court, notice of the application) shall be served on the other civil partner not less than four clear days before the day on which the application is heard.

Section 43 Amendments to the 1991 Rules

After rule 2.51, insert—

Indorsement and certificate of final order

(2.51A)

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

(2) On a conditional order being made final, the proper officer shall send to the petitioner and respondent a copy of the order in Form M9A or M10A whichever is appropriate making the conditional order final, authenticated by the seal of the civil partnership proceedings county court or registry from which it is issued.

(3) A central index of final orders shall be kept under the control of the principal registry and any person shall be entitled to require a search to be made of that index, and to be furnished with a certificate of the result of the search, on payment of the prescribed fee.

(4) A certificate in Form M9A or M10A that a conditional order has been made final shall be issued to any person requiring it on payment of the prescribed fee.

Section 44 Amendments to the 1991 Rules

(1) Renumber rule 2.51A as rule 2.51B.

(2) in paragraph (1), substitute—

(1) The procedures set out in rules 2.51D to 2.70 (“the ancillary relief rules”) apply to—

(a) any ancillary relief application,

(b) any application under section 10(2) of the Act of 1973, and

(c) any application under section 48(2) of the Act of 2004.

Section 45 Amendments to the 1991 Rules

Renumber rule 2.51AA as rule 2.51C.

Section 46 Amendments to the 1991 Rules

Renumber rule 2.51B as rule 2.51D.

Section 47 Amendments to the 1991 Rules

In rule 2.53, after paragraph (1)(a) insert—

(aa) an order for maintenance pending outcome of proceedings,

Section 48 Amendments to the 1991 Rules

In rule 2.54(1)(d), for “section 30(1)(a)” substitute “section 31(1)(a)”.

Section 49 Amendments to the 1991 Rules

In rule 2.57(1), for “divorce county court” substitute “designated county court”.

Section 50 Amendments to the 1991 Rules

In rule 2.61(1)—

(a) after “the Act of 1973” insert “, or Parts 1, 2 and 3 of Schedule 5 to the Act of 2004,”;

(b) in sub-paragraph (a), after “marriage” insert “or civil partnership, as the case may be”;

(c) for sub-paragraph (d) substitute—

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

(d) in sub-paragraph (dd), after “the Act of 1973” insert “or under paragraphs 15, 25 or 26 of Schedule 5 to the Act of 2004”.