The Family Procedure (Amendment) Rules 2015

• Citation: S.I. 2015/913
• Sections: 14

Section 1 Citation and commencement

These Rules may be cited as the Family Procedure (Amendment) Rules 2015 and come into force on 1st July 2015.

Section 2 Amendments to the Family Procedure Rules 2010

The Family Procedure Rules 2010 are amended in accordance with rules 3 to 13.

Section 3 Amendments to the Family Procedure Rules 2010

In rule 2.3(1) (interpretation) , in the definition of “matrimonial order”, for “sections 11 or 12” substitute “section 11, 12 or 12A”.

Section 4 Amendments to the Family Procedure Rules 2010

In rule 7.1(3) (application and interpretation) , in the definition of “defended case”, in sub-paragraph (c), for “rule 7.12(11) applies” substitute “rule 7.12(11A) applies, in light of paragraph (11) of that rule”.

Section 5 Amendments to the Family Procedure Rules 2010

In rule 7.11 (nullity: interim and full gender recognition certificates) —

(a) in paragraph (1)—

(i) in sub-paragraph (a)—

(aa) for “section 12(g)” substitute “section 12(1)(g)”; and

(bb) omit “or” the second time it occurs;

(ii) after sub-paragraph (a), insert—

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

(b) in paragraph (4), for sub-paragraph (a) substitute—

(a) the application is for—

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

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

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

(c) after paragraph (4), insert—

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

Section 6 Amendments to the Family Procedure Rules 2010

In rule 7.12 (what the respondent and co-respondent should do on receiving the application) —

(a) for paragraph (11), substitute—

(11) Paragraph (11A) applies where—

(a) the application is for—

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

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

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

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

(11A) The respondent must, if intending to rebut the matters stated in the application, give notice to the court of that intention when filing the answer.

(b) after the words in parentheses at the end of the rule, insert—

(In relation to paragraph (11)(a)(ii), section 9(6) of the Marriage (Same Sex Couples) Act 2013 provides that where a civil partnership is converted into a marriage, the civil partnership ends on the conversion, and the resulting marriage is to be treated as having subsisted since the date the civil partnership was formed.)

Section 7 Amendments to the Family Procedure Rules 2010

In rule 7.20 (what the court will do on an application for a decree nisi, a conditional order, a decree of judicial separation or a separation order) , in paragraph (9)—

(a) in sub-paragraph (a)—

(i) for “section 12(g)” substitute “section 12(1)(g)”; and

(ii) omit “or” the second time it occurs; and

(b) after sub-paragraph (a), insert—

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

Section 8 Amendments to the Family Procedure Rules 2010

In rule 7.21 (further provisions about costs), for paragraph (2) substitute—

(2) In the case of a hearing following a direction under rule 7.20(2)(a), a party will not be heard unless that party has, not less than 14 days before the hearing—

(a) given written notice to the court of that party’s intention to attend the hearing and apply for, or oppose the making of, an order for costs; and

(b) served that notice on every other party.

(3) On receipt of such a written notice, the court may make such directions in relation to the hearing as it sees fit.

Section 9 Amendments to the Family Procedure Rules 2010

In rule 7.32 (making decrees nisi absolute or conditional orders final by giving notice) , in sub-paragraph (i) of paragraph (2)—

(a) for “section 12(g)” substitute “section 12(1)(g)”;

(b) after “1973 Act” insert “, or was made under section 12A(3) of the 1973 Act in a case where section 12(1)(g) of the 1973 Act applies”; and

(c) in paragraph (i), after “Gender Recognition Act 2004” insert “, or an application under section 8(5A) of that Act,”.

Section 10 Amendments to the Family Procedure Rules 2010

Omit rule 11.11 (orders containing provisions to which a power of arrest is attached).

Section 11 Amendments to the Family Procedure Rules 2010

For rule 11.12 (service where order contains a power of arrest), substitute—

Service of an order on the officer for the time being in charge of a police station

(11.12)

(1) Where the court makes a forced marriage protection order a copy of the order must be delivered to the officer for the time being in charge of—

(a) the police station for the address of the person who is the subject of the proceedings; or

(b) such other police station as the court may specify.

(2) A copy of the order delivered under paragraph (1) must be accompanied by a statement showing that the respondent(s) has been served with the order or informed of its terms (whether by being present when the order was made or by telephone or otherwise).

(3) The documents referred to in paragraphs (1) and (2) must be delivered by—

(a) the applicant; or

(b) the court officer, where the order was served following a request under rule 11.7(4).

(4) Where an order is made varying, extending or discharging a forced marriage protection order the court officer must—

(a) immediately inform—

(i) the officer who received a copy of the order under paragraph (1); and

(ii) if the address of the person who is the subject of the proceedings has changed, the officer for the time being in charge of the police station for the new address; and

(b) deliver a copy of the order made varying, extending or discharging a forced marriage protection order, together with a copy of the order referred to in paragraph (1) to any officer so informed.

Section 12 Amendments to the Family Procedure Rules 2010

In rule 29.6 (documents in proceedings concerning gender recognition)—

(a) in paragraph (1)—

(i) in sub-paragraph (a)—

(aa) for “section 12(g) or (h)” substitute “section 12(1)(g) or (h)”; and

(bb) omit “or” the third time it occurs; and

(ii) after sub-paragraph (a), insert—

(aa) section 12A(3) of the 1973 Act in a case where section 12(1)(g) or (h) of the 1973 Act applies; or

(b) after paragraph (2), insert—

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

Section 13 Amendments to the Family Procedure Rules 2010

In rule 34.36(2) (cancellation of registered orders) , for sub-paragraph (b) substitute—

(b) send to the Lord Chancellor—

(i) the information and documents relating to the registration;

(ii) a certificate of arrears, if applicable, signed by the court officer;

(iii) a statement giving such information as the court officer possesses as to the whereabouts of the payer and the nature and location of the payer’s assets; and

(iv) any other relevant documents which the court officer has relating to the case.

(Practice Direction 34E makes further provision on this matter.)

Section 14 Transitional provision

(1) Subject to paragraph (2), the Family Procedure Rules 2010 as amended by these Rules apply from the date these Rules come into force to any proceedings which were commenced but not disposed of before that date, as they apply to proceedings commenced after that date.

(2) In any proceedings which were commenced but not disposed of before these Rules came into force, the court may give any directions for the purpose of ensuring that the proceedings are dealt with fairly and, in particular, may—

(a) apply any provision in rules of court which applied to the proceedings before these Rules came into force; or

(b) disapply provisions of the Family Procedure Rules 2010 as amended by these Rules.