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The Family Proceedings Rules (Northern Ireland) 1996

Type Ni-Statutory-Rule

Publication 1996-07-19

Last updated 2022-11-28

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

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(9) A Board which receives an affidavit as required pursuant to paragraph (8) may within 21 days after receipt send to the court and the party with compensation rights an affidavit in answer.

(10) A Board which files an affidavit in answer pursuant to paragraph (9) may file a notice to the court requiring an appointment to be fixed, and where such a notice is filed—

(a) the proper officer or chief clerk shall fix an appointment for the hearing or further hearing of the application and shall give not less than 14 days’ notice of that appointment to the party with pension compensation rights, the respondent and the Board; and

(b) the Board shall be entitled to be represented at such hearing.

(11) Where the parties have agreed on terms of an order and the agreement includes a pension compensation sharing order, then, unless service has been effected under paragraph (6) above, they shall serve on the Board the notice of application for a consent order under rule 2.72(1) and a draft of the proposed order complying with paragraph (14) below.

(12) Where the parties have agreed on the terms of an order and the agreement includes a pension compensation attachment order, then, unless service has been effected under paragraph (7), they shall serve on the Board—

(a) a copy of the application for a consent order under rule 2.72(1);

(b) a draft of the proposed order, complying with paragraph (14) below; and

(13) No consent order under paragraph (11) or (12) shall be made unless either—

(a) the Board has not made any objection within 21 days after the service on it of such notice; or

(b) the court has considered any such objection

and for the purpose of considering any objection the court may make such directions as it sees fit for the Board to attend before it or to furnish written details of its objection.

(14) An order for ancillary relief, whether by consent or not, which includes a pension compensation sharing order or a pension compensation attachment order, shall—

(a) in the body of the order, state that there is to be provision by way of pension compensation sharing or pension compensation attachment in accordance with the annexe or annexes to the order; and

(b) be accompanied by an annexe containing the information set out in paragraph (15) or paragraph (16) as the case may require, and if provision is made in relation to entitlement to PPF compensation that derives from rights under more than one pension scheme there must be one annexe for each such entitlement.

(15) Where an order for ancillary relief includes provision by way of pension compensation sharing, the annexe shall state—

(a) the name of the court making the order, together with the case number and the title of the proceedings;

(b) that it is a pension compensation sharing order made under Article 26D of the Order of 1978 or paragraph 14A of Schedule 15 to the Act of 2004;

(d) the national insurance numbers of the transferor and the transferee;

(e) the dates of birth of the transferor and transferee;

(f) the addresses of the transferor and transferee;

(g) the name of the pension scheme for which the Board assumed responsibility and to which the pension compensation relates or sufficient details to identify the pension compensation concerned;

(h) the specified percentage of the member’s cash equivalent valuation (CEV) to be transferred;

(i) how the pension compensation sharing charges are to be apportioned between the parties or alternatively that they are to be paid in full by the transferor;

(j) that the Board has furnished the information required by regulation 5 of the Pension Protection Fund (Pension Compensation Sharing and Attachment on Divorce etc.) Regulations (Northern Ireland) 2011 and that it appears from that information that there is power to make an order including provision by way of pension compensation sharing;

(k) the day on which the order takes effect; and

(l) that the Board must discharge its liability within a period of 4 months beginning with the day on which the order takes effect or, if later, the first day on which the Board is in receipt of—

(i) the pension compensation sharing order, including the annexe.

(ii) in a matrimonial cause, the decree of divorce or nullity of marriage or, in a civil partnership cause, the conditional order of dissolution or nullity of the civil partnership;

(iii) the information prescribed by regulation 5 of the Pension Protection Fund (Pension Compensation Sharing and Attachment on Divorce etc.) Regulations (Northern Ireland) 2011;

(iv) payment of all outstanding charges requested by the pension scheme;

provided that if the court knows that the implementation period is different from that stated in sub-paragraph (1) by reason of regulations made under Article 27G of the Order of 1978, the annexe shall contain details of the implementation period as determined by those regulations instead of the statement in sub-paragraph (1):

(m) where the order is made by consent, that no objection has been made by the Board, or that an objection has been received and considered by the court, as the case may be.

(16) Where an order for ancillary relief includes provision by way of pension compensation attachment, the annexe shall state—

(a) the name of the court making the order, together with the case number and the title of proceedings;

(b) that it is a pension compensation attachment order under Article 27F of the Order of 1978 or paragraph 29A of Schedule 15 to the Act of 2004;

(d) the national insurance number of the party with pension compensation rights;

(e) the name of the pension scheme for which the Board assumed responsibility and to which the pension compensation relates or sufficient details to identify the PPF compensation;

(f) in the case of an order including provision under Article 27F of the Order of 1978 or paragraph 29 of Schedule 15 to the Act of 2004, what percentage of any payment due to the party with pension compensation rights is to be paid for the benefit of the other party;

(g) in the case of an order including provision under Article 27F(5) of the Order of 1978 or paragraph 29A(5) of Schedule 15 to the Act of 2004, what percentage of the maximum lump sum available is to be commuted and the specified percentage of the commuted sum which is to be paid to the spouse or former spouse of the party with PPF compensation rights or the civil partner or former civil partner with PPF compensation rights;

(h) an address to which any payment which the Board is required to make under the PPF compensation to the other party is to be sent;

(i) where the address in sub-paragraph (h) is that of a bank, a building society or the Department of National Savings, sufficient details to enable payment to be made into the account of the other party;

(j) where the order is made by consent, that no objection has been made by the Board, or that an objection has been received and considered by the court, as the case may be.

(17) A court which makes, varies or discharges a pension compensation sharing order or a pension compensation attachment order, must send or direct one of the parties to send to the Board—

(a) a copy of—

(i) the making of the relevant pension compensation sharing or pension compensation attachment order; or

(ii) in a civil partnership cause, the conditional order of dissolution, nullity of civil partnership or the order of separation;

(b) in the case of—

(i) divorce or nullity of a marriage, a copy of the certificate under rule 2.54 that the decree has been made absolute; or

(ii) dissolution or nullity of civil partnership, a copy of the certificate under rule 2.54A that the conditional order has been made final; and

(c) a copy of the pension compensation sharing order or the pension compensation attachment order, or as the case may be of the order varying or discharging that order, including any annexe to that order relating to that PPF compensation but no other annexe to that order.

(18) The documents referred to in paragraph (17) shall be sent—

(a) in a matrimonial cause within 7 days after—

(i) the relevant pension compensation sharing or pension compensation attachment order is made; or

(ii) the decree absolute of divorce or nullity or decree of judicial separation, whichever is the later; and

(b) in a civil partnership cause, within 7 days after—

(i) the relevant pension compensation sharing or pension compensation attachment order is made; or

(ii) the final order of dissolution or nullity or separation order is made,

whichever is the later.]

Application by spouse [or civil partner] for failure to maintain

3.1

(1) [An application under Article 29 of the Order of 1978 by a party to a marriage or under Part 8 of Schedule 15 to the Act of 2004 by a party to a civil partnership who alleges that the other party to the marriage or the civil partnership, as the case may be[^f00266]]—

(a) has failed to provide reasonable maintenance for the applicant, or

(b) has failed to provide, or to make a proper contribution towards, reasonable maintenance for any child of the family,

shall be made by originating summons in Form M18. Such summons shall be issued out of—

(i) the Matrimonial Office in relation to applications to the High Court;

(ii) a county court office, in relation to applications to a county court.

(2) There shall be filed in support of the summons an affidavit by the applicant which shall state—

(a) the names of the parties to the marriage, the place and date of the marriage [[^f00265], or the names of the parties to the civil partnership and the place at and date on which they formed their civil partnership, as the case may be]:

(b) the names of each child and his date of birth, or if it be the case that he is over 18 years of age, and in the case of each minor child over the age of 16 years whether he is, or will be, or if an order for provision were made would be, receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation and the person with whom any such child is residing:

(c) if there have been any previous proceedings in any court in Northern Ireland or elsewhere with reference to the marriage [[^f00267] or civil partnership] or children of the [[^f00268] family] or between the applicant and respondent with reference to any property of either or both of them, the date and effect of any [[^f00269] decree, civil partnership order or other order], and in the case of proceedings in reference to the marriage [[^f00267] or civil partnership] if there has been any resumption of cohabitation since the making of the [[^f00268] decree, civil partnership order or other order] :

(d) Where the application is for periodical payments or secured periodical payments for a child—

(i) whether the application is—

for a stepchild;

in addition to child support maintenance already payable under a Child Support Agency assessment;

to meet expenses arising from a child’s disability;

to meet expenses incurred by a child being educated or trained for work; or

made on some other specified ground;

(ii) if the child or the person with care of the child or the absent parent of the child is not habitually resident in the United Kingdom;

(e) particulars of the alleged failure to maintain;

(f) whether there are or have been any proceedings in the Child Support Agency with reference to the maintenance of each child and if so the details of those proceedings;

(g) the means of the applicant and the respondent;

(h) the facts upon which it is claimed that the court has jurisdiction to entertain the proceedings.

(3) If the proper officer or chief clerk, as the case may be, does not consider it practicable to fix a day for the hearing of the application at the time when it is issued he may do so subsequently and in that case he shall forthwith give notice of the day to all parties.

(4) Within 21 days after the time limited for giving notice of intention to defend, the respondent shall, if he intends to contest the application, file an affidavit in answer setting out the grounds on which he relies (including any allegation which he wishes to make against the applicant), and shall in any case, unless the court otherwise directs, file an affidavit containing full particulars of his property and income and serve a copy of the affidavit on the applicant.

(5) [In matrimonial proceedings, where [^f00268]] the respondent’s affidavit alleges adultery the alleged adulterer shall, unless the court otherwise directs, be made a party cited and be served with a copy of the affidavit, with notice in Form M19, and rule 2.8 shall apply, with the necessary modifications, as if the affidavit were a petition and the party cited were a co-respondent.

(6) A party cited who wishes to defend all or any of the charges made against him shall within 21 days after the time limited for giving notice of intention to defend, file an affidavit in answer and serve a copy of the affidavit on the respondent.

(7) If the respondent does not file an affidavit in accordance with paragraph (4), the court may order him to file an affidavit containing full particulars of his property and income and serve a copy of any such affidavit on the applicant.

(8) Within 14 days after being served with a copy of any affidavit in answer filed by the respondent the applicant may file an affidavit in reply and serve a copy on the respondent and on any party cited. No further affidavit shall be filed without leave.

3.2

(1) Where it appears to [[^f00270] the county court] that the respondent intends to contest an application under the last foregoing rule on the ground that—

(a) by reason of the applicant’s conduct or otherwise the respondent is not liable to maintain the applicant, or

(b) no court in Northern Ireland has jurisdiction to entertain the application,

the court shall order that the application be transferred to the High Court.

3.3

(1) Without prejudice to the provisions of rule 3.2, rules 2.67 (except paragraphs (5) and (7) thereof) and 2.68 shall apply with the necessary modifications to an application for an order under Article 29 of the Order of 1978 [[^f00271] or Part 8 of Schedule 15 to the Act of 2004] as if the application were an application for ancillary relief.

(2) The application shall be heard by a judge in chambers, and, if the application is to [[^f00270] the county court], the hearing shall be fixed to take place at such court as in the opinion of the chief clerk is the most convenient.

(3) On the hearing of the application the judge may make such order as he thinks just or may refer the application (except any application under Article 8 of the Order of 1995), or any application for an order under Article 29(5) of the Order of 1978 [[^f00271] or paragraph 34(3) of Schedule 15 to the Act of 2004, as the case may be,] to the Master for him to investigate the means of the parties to the marriage [[^f00271] or civil partnership].

(4) Where an application is referred to the Master under paragraph (3), the proper officer or the chief clerk, as the case may be, shall fix an appointment for the hearing of the application and thereupon the provisions of these Rules relating to ancillary relief shall apply except that where the judge has not made a finding that there has been wilful neglect to maintain—

(a) the Master shall, after completing his investigation under rule 2.64, report the result thereof in writing to a judge to whom the application shall be adjourned;

(b) the Master’s report shall contain an estimate of the financial relief to which, in his opinion, the applicant would be entitled if the application were granted;

(c) the Master’s report shall be filed and any party shall be entitled to inspect the report and to be supplied with a copy of it on payment of the prescribed fee.

(5) Where a person has been made a party cited, the judge may, if after the close of the evidence on the part of the respondent he is of opinion that there is not sufficient evidence against the party cited, dismiss him from the proceedings.

(6) Subject to the provisions of this rule and of rules 3.1 and 3.2, these Rules shall, so far as applicable, apply with the necessary modifications to an application under Article 29 of the Order of 1978 [[^f00272] or Part 8 of Schedule 15 to the Act of 2004, as the case may be] as if—

(a) the application were a cause, and

(b) the originating summons were a petition and the applicant the petitioner.

3.4

(1) An application to the court under Article 37 of the Order of 1978 [[^f00272] or under paragraph 62 of Schedule 15 to the Act of 2004] for the alteration of a maintenance agreement during the lifetime of the parties shall be made by originating summons in accordance with Form M20.

(2) The application may be filed in the Matrimonial Office or a county court office and may be heard and determined by the Master.

(3) There shall be filed in support of the summons an affidavit by the applicant exhibiting a copy of the agreement and stating—

(a) the residence of the parties to the agreement at the date of the application and, unless both parties are then resident in Northern Ireland, their domicile at that date;

(b) [^f00273] the date and place of the marriage between the parties to the agreement, or the place at the date on which they formed their civil partnership, as the case may be;]

(c) the full names (including surnames) of any children of the family and of any other children for whom the agreement makes financial arrangements and—

(i) the date of birth of each child, now living or, if it be the case, that he is over 18 years of age, and, in the case of each minor over 16 years of age, whether he is or will be, or if an order or provision were made would be, receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation and the place where and the person with whom any minor child is residing;

(ii) the date of death of any such child who has died since the agreement was made;

(d) whether there have been any previous proceedings in any court with reference to the agreement or to the marriage [[^f00272] or civil partnership, as the case may be;] or to any child of the family or of the other children for whom the agreement makes financial arrangements or between the applicant and respondent with reference to any property of either or both of them, and the date and effect of any order made;

(e) whether there are or have been any proceedings in the Child Support Agency with reference to the maintenance of each child and if so the details of those proceedings;

(f) the means of the applicant and the other party to the agreement insofar as they are within the applicant’s knowledge or belief;

(g) the nature of the alteration of the agreement sought and the facts alleged by the applicant to justify the alterations.

(4) A copy of the affidavit shall be served on the respondent with the summons.

(5) The respondent shall, within 14 days after the time limited for giving notice of intention to defend, file an affidavit in answer to the application containing full particulars of his property and income and, if he does not do so, the court may order him to file an affidavit containing such particulars.

(6) A respondent who files an affidavit under paragraph (5) shall serve a copy on the applicant.

3.5

(1) An application under Article 38 of the Order of 1978 [[^f00274] or under paragraph 66 of Schedule 15 to the Act of 2004] for the alteration of a maintenance agreement after the death of one of the parties to it shall be made by originating summons in Form M21.

(2) The application may be filed in the Matrimonial Office or a county court office and may be heard and determined by the Master.

(3) There shall be filed in support of the summons an affidavit by the applicant exhibiting a copy of the agreement and an office copy of the grant of representation to the deceased’s estate and of every testamentary document admitted to proof.

(4) The affidavit referred to in paragraph (2) shall state—

(a) whether the deceased died domiciled in Northern Ireland;

(b) the place and date of the marriage between the parties to the agreement, or the place at and date on which they formed their civil partnership, as the case may be;[^f00275]]

(c) the name of every child of the family and of any other child for whom the agreement makes financial arrangements, and—

(i) the date of birth of each such child who is still living (or, if it be the case, that he has attained 18 years), and the place where the person with whom any such minor child is residing;

(ii) the date of death of any such child who has died since the agreement was made;

(d) whether there have been in any court any, and if so what, previous proceedings with reference to the agreement or to the marriage [[^f00274] or civil partnership, as the case may be,] or to the children of the family or to any other children for whom the agreement makes financial arrangements, and the date and effect of any [[^f00276] order, decree or civil partnership order] made in such proceedings;

(e) whether there have been in any court any proceedings by the applicant against the deceased’s estate under the Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979[^f00277] or any statutory provision repealed by that Order and the date and effect of any order made in such proceedings;

(f) in the case of an application by the surviving party, the applicant’s means;

(g) in the case of an application by the personal representatives of the deceased, the surviving party’s means, so far as they are known to the applicants, and the information mentioned in sub-paragraph (a), (b) and (c) of rule 3.6(2);

(h) the facts alleged by the applicant as justifying an alteration in the agreement and the nature of the alteration sought;

(i) if the application is made after the end of the period of six months from the date on which representation in regard to the deceased’s estate was first taken out, the grounds on which the court’s permission to entertain the application is sought.

3.6

(1) The court may at any stage of the proceedings direct that any person be added as a respondent to an application under rule 3.5.

(2) A respondent who is a personal representative of the deceased shall, within 14 days after the time limited for entered an appearance, file an affidavit in answer to the application stating—

(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 payable thereout, including the amount of the capital transfer tax and interest thereon;

(b) the person or classes of person beneficially interested in the estate (giving the names and addresses of all living beneficiaries) and the value of their interests so far as ascertained; and

(3) If a respondent who is a personal representative of the deceased does not file an affidavit stating the matters mentioned in paragraph (3), the court may order him to do so.

(4) A respondent who is not a personal representative of the deceased may, within 14 days after the time limited for entering an appearance, file an affidavit in answer to the application.

3.7

(1) Rules 2.63; 2.64(1) and (4) to (7), 2.65, 2.66 and 2.69 shall apply, with the necessary modifications, to an application under Article 37 or 38 of the Order of 1978 [[^f00279] or paragraph 62 or 66 of Schedule 15 to the Act of 2004 as the case may be,] as if it were an application for ancillary relief.

(2) Subject to paragraph (1) and to the provisions of rule 3.4, these Rules shall, so far as applicable, apply with the necessary modifications to an application under Article 37 or 38 of the Order of 1978 [[^f00278] or paragraph 62 or 66 of Schedule 15 to the Act of 2004 as the case may be,] as if the application were a cause, the originating summons a petition, and the applicant the petitioner.

3.8

(1) The provisions of this rule shall have effect where a petition or originating summons asks for matrimonial relief within the meaning of Article 50(2) of the Order of 1978 in respect of a marriage entered into under a law which permits polygamy (in this rule referred to as a polygamous marriage).

(2) The petition or originating summons—

(a) shall state that the marriage in question is polygamous;

(b) in respect of the additional spouse, shall give his or her full name and address and the date and place of his or her marriage to the petitioner or applicant or, as the case may be, to the respondent or state, so far as may be applicable, that such information is unknown to the petitioner or applicant.

(3) In this rule “additional spouse” means any living spouse of the petitioner or applicant additional to the respondent or as the case may be any living spouse of the respondent additional to the petitioner or applicant.

(4) Without prejudice to its powers under R.S.C. Order 15 (which deals with causes of action, counterclaims and parties) or C.C.R. Order 9 (which deals with amendments), the court may order that any additional spouse be added as a party to the proceedings or be given notice of the proceedings or of any application in the proceedings for any such order as is mentioned in Article 50(2)(d) of the Order of 1978.

(5) Any order under paragraph (4) may be made at any stage of the proceedings and either on the application of any party or by the court or its own motion and, where an additional spouse is mentioned in a petition or an acknowledgement of service of a petition, the petitioner shall, on making any application in the proceedings or, if no previous application has been made in the proceedings, on lodging the certificate of readiness, ask for directions as to whether an order should be made under paragraph (3).

(6) Any person to whom notice is given pursuant to an order under paragraph (4) shall be entitled, without filing an answer or affidavit, to be heard in the proceedings or on the application to which the notice relates.

3.9

(1) The jurisdiction of the court under Article 30 of and Schedule 2 to the Order of 1998 may be exercised by the Master.

(2) An application is made for an order under Part II of Schedule 2 to the Order of 1998 notice of the application shall be served by the applicant on the [[^f00282]) other spouse, cohabitee or civil partner, as the case may be,] and on the landlord (as those terms are defined by paragraph 1 of Schedule 2 to the Order of 1998) and any person so served shall be entitled to be heard on the application.

(3) The applicant shall file a statement of service on Form F4 after he has served notice of application in accordance with paragraph (2).

(4) Any person who is served with a notice of application under paragraph (2) above shall, if he intends to contest the application, within 14 days of service of that notice, file a statement which is signed by him and sworn to be true in answer to the application setting out the grounds on which he relies and shall arrange for a copy of that statement to be served on the applicant personally.

(5) If a statement is not filed under paragraph (4) above, the applicant may apply for directions and the court may give such directions as it thinks fit, including a direction that the respondent shall be debarred from defending the application unless a statement is filed in accordance with paragraph (4) within such time as the court may direct.

(6) Rule 2.64(4) to (7) (investigation by Master of application for ancillary relief) shall apply with the necessary modifications to an application for an order under Part II of Schedule 2 to the Order of 1998 as they apply to an application for ancillary relief.]

3.10

(1) Unless otherwise directed, a petition by which proceedings are begun under Article 31 of the Order of 1989 for a declaration as to marital status shall state—

(a) the names of the parties to the marriage to which the application relates and the residential address of each of them at the date of the presentation of the petition;

(b) the place and date of any ceremony of marriage to which the application relates;

(c) the grounds on which the application is made and all other material facts alleged by the petitioner to justify the making of the declaration;

(d) whether there have been or are continuing any proceedings in any court, tribunal or authority in Northern Ireland or elsewhere between the parties which relate to, or are capable of affecting the validity or subsistence of the marriage, divorce, annulment or legal separation to which the application relates, or which relate to the matrimonial [[^f00283] or civil partnership] status of either of the parties, and if so—

(i) the nature, and either the outcome or present state of those proceedings,

(ii) the court, tribunal or authority before which they were begun,

(iii) the date when they were begun,

(iv) the names of the parties to them,

(v) the date or expected date of the trial,

(vi) any other facts relevant to the question whether the petition should be stayed under Schedule 1 of the Order.

and such proceedings shall include any which are constituted otherwise than in a court of law in any country outside Northern Ireland, if they are instituted before a tribunal or other authority having power under the law having effect there to determine questions of status, and shall be treated as continuing if they have begun and have not been finally disposed of;

(e) where it is alleged that the court has jurisdiction based on domicile, which of the parties to the marriage to which the application relates is domiciled in Northern Ireland on the date of the presentation of the petition, or died before that date and was at death domiciled in Northern Ireland;

(f) where it is alleged that the court has jurisdiction based on habitual residence, which of the parties to the marriage to which the application relates has been habitually resident in Northern Ireland, on the date of the presentation of the petition, or died before that date and had been habitually resident in Northern Ireland throughout the period of one year ending with the date of death;

(g) where the petitioner was not a party to the marriage to which the application relates, particulars of his interest in the determination of the application.

(2) Where the proceedings are for a declaration that the validity of a divorce, annulment or legal separation obtained in any country outside Northern Ireland in respect of the marriage either is or is not entitled to recognition in Northern Ireland, the petition shall in addition state the date and place of the divorce, annulment or legal separation.

(3) There shall be annexed to the petition a copy of the certificate of any marriage to which the application relates, or, as the case may be, a certified copy of any decree of divorce, annulment or order for legal separation to which the application relates.

(4) Where a document produced by virtue of paragraph (3) is not in English it shall, unless the court otherwise directs, be accompanied by a translation certified by a notary public or authenticated by affidavit.

(5) The parties to the marriage in respect of which a declaration is sought shall be petitioner and respondent respectively to the application, unless a third party is applying for a declaration, in which case he shall be the petitioner and the parties shall be respondents to the application.

[ Application under section 181 of the Act of 2004 for declaration as to civil partnership status

3.10A

(1) Unless otherwise directed, a petition by which proceedings are begun under section 181 of the Act of 2004 for a declaration as to civil partnership status shall state—

(a) the names of the parties to the civil partnership to which the application relates and the residential address of each of them at the date of the presentation of the petition;

(b) the place at and date on which the civil partnership was formed;

(c) the grounds on which the application is made and all other material facts alleged by the petitioner to justify the making of the declaration;

(d) whether there have been or are continuing any proceedings in any court, tribunal or authority in Northern Ireland or elsewhere between the parties which relate to, or are capable of affecting the validity or subsistence of the civil partnership, dissolution, annulment or legal separation to which the application relates, or which relate to the civil partnership or matrimonial status of either of the parties, and if so—

(i) the nature, and either the outcome or present state of those proceedings,

(ii) the court, tribunal or authority before which they were begun,

(iii) the date when they were begun,

(iv) the names of the parties to them,

(v) the date or expected date of the trial,

(vi) any other facts relevant to the question whether the petition should be stayed under the Family Proceedings (Civil Partnership: Staying of Proceedings) Rules (Northern Ireland) 2005[^f00285].

(e) where it is alleged that the court has jurisdiction based on domicile, which of the parties to the civil partnership to which the application relates is domiciled in Northern Ireland on the date of the presentation of the petition, or died before that date and was at death domiciled in Northern Ireland;

(f) where it is alleged that the court has jurisdiction based on habitual residence, which of the parties to the civil partnership to which the application relates has been habitually resident in Northern Ireland, on the date of the presentation of the petition, or died before that date and had been habitually resident in Northern Ireland throughout the period of one year ending with the date of death;

(g) where the petitioner was not a party to the civil partnership to which the application relates, particulars of his interest in the determination of the application.

(2) Where the proceedings are for a declaration that the validity of a dissolution annulment or separation obtained in any country outside Northern Ireland in respect of the civil partnership either is or is not entitled to recognition in Northern Ireland, the petition shall in addition state the date and place of the dissolution, annulment or legal separation.

(3) There shall be annexed to the petition a copy, of the certificate of any civil partnership to which the application relates, or, as the case may be, a certified copy of any order for dissolution, annulment or legal separation to which the application relates.

(4) Where a document produced by virtue of paragraph (3) is not in English it shall, unless the court otherwise directs, be accompanied by a translation certified by a notary public or authenticated by affidavit.

(5) The parties to the civil partnership in respect of which a declaration is sought shall be the petitioner and respondent respectively to the application, unless a third party is applying for a declaration, in which case he shall be the petitioner and the parties shall be respondents to the application.]

Procedure to be followed in relation to application under [ rules 3.10 or 3.10A]

3.11

(1) The petition referred to in rule [[^f00287] rules 3.10 or 3.10A] shall be supported by an affidavit by the petitioner verifying the petition and giving particulars of every person whose interest may be affected by the proceedings and his relationship to the petitioner:

Provided that if the petitioner is under the age of 18, the affidavit shall, unless the court otherwise directs, be made by his next friend.

(2) Where the jurisdiction of the court to entertain a petition is based on habitual residence the petition shall include a statement of the addresses of the places of residence of the person so resident and the length of residence at each place either during the period of one year ending with the date of the presentation of the petition or, if that person is dead, throughout the period of one year ending with the date of death.

(3) An affidavit for the purposes of paragraph (1) may contain statements of information or belief with the sources and grounds thereof.

(4) A copy of the petition and every document accompanying it shall be sent by the petitioner to the Crown Solicitor on behalf of the Attorney General at least one month before the petition is filed and it shall not be necessary thereafter to serve these documents upon him.

(5) The proper officer or chief clerk, as the case may be, shall send a copy of any answer to the Crown Solicitor on behalf of the Attorney General if he has notified the proper officer or chief clerk that he wishes to intervene in the proceedings.

(6) When all answers to the petition have been filed the petitioner shall lodge in the Matrimonial Office and serve on all respondents to the application a request for directions as to any other persons who should be made respondents to the petition or given notice of the proceedings.

(7) When giving directions in accordance with paragraph (6) the court shall consider whether it is necessary that the Attorney General should argue before it any question relating to the proceedings, and if it does so consider, the Attorney General need not file an answer and the court shall give directions requiring him to serve on all parties to the proceedings a summary of his argument.

(8) Persons given notice of the proceedings pursuant to directions given in accordance with paragraph (6) shall within 21 days after service of the notice upon them be entitled to apply to the Master to be joined as parties.

(9) The Attorney General may file an answer to the petition within 21 days after directions have been given under paragraph (7) and notice of hearing shall not be given until that period and the period referred to in paragraph (8) have expired.

(10) The Attorney General in deciding whether it is necessary or expedient to intervene in the proceedings, may have a search made for, and may inspect and bespeak a copy of, any document filed in the court which relates to any other matrimonial [[^f00288] or civil partnership] proceedings referred to in the proceedings.

(11) A declaration made in accordance with Article 31 of the Order of 1989 shall be in Form M26 [[^f00289] and a declaration made under section 181 of the Act of 2004 shall be in Form M26A].

Application for leave to apply for financial relief after overseas divorce [ or overseas dissolution etc. of a civil partnership]

3.12

(1) An application to the High Court for leave to apply for an order for financial relief [[^f00291] to which this rule applies] shall be made ex parte by originating summons in Form M27 issued out of the Matrimonial Office and shall be supported by an affidavit by the applicant [[^f00292]...].

(1A) [^f00293] The affidavit in support shall state the facts relied on in support of the application with particular reference—

(a) in the case of an application under the Order of 1989, to the matters set out in Article 20(2) of that Order, and

(b) in the case of an application under the Act of 2004, to the matters set out in paragraph 8(3) of Schedule 17 to that Act.]

(2) The affidavit in support shall give particulars of the judicial or other proceedings by means of which the marriage [[^f00294] or civil partnership, as the case may be,] to which the application relates was dissolved or annulled or by which the parties to the marriage [[^f00295] or civil partnership,] were legally separated and shall state, so far as is known to the applicant:—

(a) [^f00296] in the case of an application under Part IV of the Order of 1989, the names of the parties to the marriage and the date and place of the marriage;

(aa) in the case of an application under the Act of 2004, the names of the parties to the civil partnership and the date and place of the formation of the civil partnership;]

(b) the occupation and residence of each of the parties to the marriage [[^f00297] or civil partnership, as the case may be];

(c) whether there are any living children of the family and, if so, the number of such children and full names (including surname) of each and his date of birth or, if it be the case, that he is over 18;

(d) [^f00298] whether either party to the marriage or civil partnership has subsequently married or formed a civil partnership;]

(e) an estimate in summary form of the approximate amount or value of the capital resources and net income of each part; and of any minor child of the family;

(f) the grounds on which it is alleged that the court has jurisdiction to entertain an application for financial relief [[^f00299],]

(g) [^f00300] this rule and rule 3.13 apply to an application for financial relief under—

(i) Part IV of the Order of 1989; and

(ii) Schedule 17 to the Act of 2004.]

(3) The proper officer shall fix a date and time for the hearing of the application by the judge in chambers and give notice thereof to the applicant.

Application for an order for financial relief or an avoidance of transaction order under Part IV of the Order of 1989 [ or under Schedule 17 to the Act of 2004]

3.13

(1) An application to the High Court for an order for financial relief under Part IV of the Order of 1989 [[^f00302] or Schedule 17 to the Act of 2004] shall be made by originating summons in Form M28 issued out of the Matrimonial Office and at the same time the applicant, unless otherwise directed, shall file an affidavit in support of the summons giving full particulars of his property and income.

(2) The applicant shall serve a sealed copy of the originating summons on the respondent and shall annex thereto a copy of the affidavit in support, if one has been filed, and a notice of proceedings and acknowledgement of service in Form M30, and rule 2.10 shall apply to such an acknowledgement of service as if the references in paragraph (1) of that rule to Form M6 [[^f00303] and M6A] and in paragraph (2) to 14 days were, respectively, references to Form M30 and 31 days.

(3) Rules 2.59, 2.61, 2.62, 2.64(4), (6) and (7), 2.72(1) and (2) shall apply, with the necessary modifications, to an application for an order for financial relief under this rule as they apply to an application for ancillary relief made by notice in Form M13 and the court may order the attendance of any person for the purpose of being examined or cross-examined and the discovery and production of any document.

(4) An application for an interim order for maintenance [[^f00304]...] or an avoidance of transaction order [[^f00305]...] may be made, unless the court otherwise directs, in the originating summons under paragraph (1) or by summons in accordance with rule 7.5 and an application for [[^f00306] an avoidance of transaction order] shall be supported by an affidavit, which may be the affidavit filed under paragraph (1), stating the facts relied on.

(5) If the respondent intends to contest the application he shall, within 28 days after the time limited for giving notice to defend, file an affidavit in answer to the application setting out the grounds on which he relies and shall serve a copy on the applicant.

(6) In respect of any application for an avoidance of transaction order the court may make such order as it is empowered to make by paragraph (3) and rule 2.61 shall apply, with the necessary modifications, to an application for an avoidance of transaction order as it applies to an avoidance of disposition order.

(7) Where the originating summons contains an application for an order under Article 26 of the Order of 1989 [[^f00307] or under paragraph 13 of Schedule 17 to the Act of 2004] the applicant shall serve a copy on the landlord of the dwelling-house and he shall be entitled to be heard on the application.

(8) Where, in reliance on Article 26 of the Order of 1989 [[^f00308] or paragraph 13 of Schedule 17 to the Act of 2004], the court intends to make an order under Part II of Schedule 1 to that Order [[^f00309] or Part 2 of Schedule 2 to the Family Homes and Domestic Violence (Northern Ireland) Order 1998[^f00310], as the case may be,] then, before making the order, the court shall cause notice of its intention to make the order to be given to the landlord of the dwelling-house and shall afford him an opportunity of being heard.

(9) An application for an order for financial relief [[^f00311]...] or for an avoidance of transaction order shall be determined by the judge.

(10) [^f00312] In this Rule—

(a) “avoidance of transaction order” means—

(i) in relation to an application under the Order of 1989, an application under Article 27 of that Order, and

(ii) in relation to an application under the Act of 2004, an application under paragraph 15 of Schedule 17 to that Act; and

(b) “interim order for maintenance” means—

(i) in relation to an application under the Order of 1989, an order under Article 18 of that Order, and

(ii) in relation to an application under the Act of 2004, an order under paragraph 5 of Schedule 17 to that Act.]

Application for an order under Article 28 of the Order of 1989 [ Or under paragraph 17 of Schedule 17 to the Act of 2004] preventing a transaction

3.14

(1) An application to the High Court under Article 28 of the Order of 1989 [[^f00314] or under paragraph 17 of Schedule 17 to the Act of 2004] for an order preventing a transaction shall be made by originating summons in Form M29 issued out of the Matrimonial Office and shall be supported by an affidavit by the applicant stating the facts relied on in support of the application.

(2) The applicant shall serve a sealed copy of the originating summons on the respondent and shall annex thereto a copy of the affidavit in support and a notice of proceedings and acknowledgement of service in Form M30, and rule 2.11 shall apply to such an acknowledgement of service as if the references in paragraph (1) of that rule to Form M6 [[^f00315] and M6A] and in paragraph (2) of that rule to 14 days were, respectively, references to Form M30 and 31 days.

(3) If the respondent intends to contest the application he shall within 28 days after the time limited for giving notice to defend, file an affidavit in answer to the application setting out the grounds on which he relies and shall serve a copy, on the applicant.

(4) The application shall be determined by the judge.

(5) Rule 2.68 (except paragraph (3)) shall apply, with the necessary modifications, to the applications as if it were an application for ancillary relief.

[ Applications for an occupation order or a non-molestation order under the Order of 1998

3.15

(1) Subject to rules 3.16 and 3.17, on an application for an occupation order or a non-molestation order under the Order of 1998, the applicant shall—

(a) file the documents referred to in paragraph (2) (which documents shall together be called “the application”), together with sufficient copies for one to be served on each respondent—

(i) in relation to an application to the High Court, in the Office of Care and Protection; or

(ii) in relation to an application to a county court in the county court office;

(b) arrange for the copy of the application, together with Form F3 to be served on respondent personally not less than 2 days before the date on which the application will be heard; and

(c) file a statement in Form F4 in the Office of Care and Protection or, as the case may be, the county court office after the application has been served.

(2) The documents to be filed under paragraph 1(a) are—

(a) Form F2; and

(b) a supporting statement which is signed by the applicant and sworn to be true.

(3) On receipt of the documents referred to in paragraph (1)(a), the proper officer or chief clerk shall—

(a) fix the date for the hearing, allowing sufficient time for the applicant to comply with paragraph 1(b);

(b) endorse the date so fixed on Form F3; and

(4) The court may abridge the period specified in paragraph (1)(b).

(5) Rule 6.3 shall not apply to an application for an occupation order or a non-molestation order under the Order of 1998.

(6) Rule 2.64(4) to (7) (investigation by Master of an application for ancillary relief) shall apply, with the necessary modifications, to an application for an occupation order under Article 11, 13 or 14 of the Order of 1998 as they apply to an application for ancillary relief.

Application for leave to commence proceedings under the Order of 1998

3.16

(1) Where the leave of the court is required to bring proceedings under the Order of 1998, the person seeking leave shall file in the Office of Care and Protection a draft of the application (being the documents referred to in rule 3.15(2)) for the making of which leave is sought, together with sufficient copies for one to be served on each respondent.

(2) On considering a request for leave filed under paragraph (1) the court shall—

(a) grant the request, whereupon the proper officer shall inform the person making the request of the decision, or

(b) direct that a date be fixed for the hearing of the request, whereupon the proper officer shall fix such a date and give such notice as the court directs to the person making the request and to such other persons as the court requires to be notified of the date so fixed.

(3) Where notice is required to be given under paragraph (2) it shall, with the necessary modifications, be given in Form F3.

(4) Where leave is granted to bring proceedings under the Order of 1998, the application shall proceed in accordance with rule 3.15 but paragraph (1)(a) of that rule shall not apply.

Ex parte applications under the Order of 1998

3.17

(1) An application for a non-molestation order or an occupation order under the Order of 1998 may, with the leave of the court, be made ex parte, and in which case—

(a) rule 3.15 shall not apply; and

(b) the evidence in support of the application shall include the reasons why the application is made ex parte.

(2) Where the leave of the court is granted, the application may be made orally and the applicant shall, within 48 hours of the making of the application, or as directed by the court—

(a) file in the Office of Care and Protection or, as the case may be, the county court office, a written copy of the application in Form F2 together with a supporting statement which is signed by the applicant and sworn to be true; and

(b) arrange for a copy of the application in Form F2 together with the supporting statement to be served on the respondent personally.

(3) Upon complying with paragraph (2)(b) the applicant shall file a statement in Form F4 in the Office of Care and Protection or, as the case may be, the county court office.

Notification of application for an occupation order under the Order of 1998

3.18

A copy of an application for an occupation order under Article 11, 13 or 14 of the Order of 1998 shall be served by the applicant by first-class post on the mortgagee or, as the case may be, the landlord of the dwelling house in question, with a notice in Form F5 informing him of his right to make representations in writing or at any hearing.

Hearing of applications under the Order of 1998

3.19

(1) Unless the court otherwise directs, an application for an occupation order or a non-molestation order under the Order of 1998 shall be heard by a judge in chambers.

(2) The following forms shall be used in connection with hearings of such applications—

(a) a record of the hearing shall be made in Form F6, and

(b) any order made on the hearing shall be issued in Form F7.

(3) The court may direct that a further hearing be held in order to consider any representations made by a mortgagee or a landlord.

Notification of occupation order or non-molestation order

3.20

(1) Where an occupation order or non-molestation order is made under the Order of 1998, the applicant shall arrange for a copy of the order to be served by the applicant on the respondent personally.

(2) Where the application is for an occupation order under Article 11, 13 or 14 of the Order of 1998, the applicant shall arrange for a copy of any order made on the application shall be served by the applicant by first-class post on the mortgagee or, as the case may be, the landlord of the dwelling house in question.

Variation, extension or discharge of orders made under the Order of 1998

3.21

An application to vary, extend or discharge an occupation order or non-molestation order made under the Order of 1998 shall be made in Form F8 and rules 3.15 and 3.17 to 3.20 shall apply, with the necessary modifications, to such an application.

Transfer of proceedings under the Order of 1998

3.22

(1) Where proceedings under the Order of 1998 are pending, the court shall consider (on the application, in writing, of either party or of its own motion) whether to exercise its powers to transfer the hearing of that application to another court and shall make an order for transfer in Form F9 if it seems necessary or expedient to do so.

(2) Where proceedings have been transferred to a county court in accordance with Article 7 of the Allocation Order of 1999, that court shall consider whether to transfer those proceedings to the High Court in accordance with Article 11 of that Order and either—

(a) determine that an order for such transfer need not be made;

(b) make such an order for transfer;

(c) order that a date be fixed for the hearing of the question whether such an order for transfer should be made, whereupon the chief clerk shall give such notice to the parties as the court directs of the date so fixed; or

(d) invite the parties to make written representations within a specified period as to whether such an order should be made and, upon receipt of the representations, the court shall act in accordance with sub-paragraphs (a), (b) or (c).

(3) Where proceedings are transferred to the High Court any relevant documentation shall be sent by the chief clerk to the Office of Care and Protection.

(4) The proper officers shall notify the parties of an order transferring proceedings from the High Court in accordance with Article 12 or 13 of the Allocation Order of 1999 and a copy of the order shall be sent to the court to which the proceedings are transferred.

(5) The chief clerk shall notify the parties of an order transferring proceedings in accordance with Article 9 or 10 of the Allocation Order of 1999 and a copy of the order shall be sent to the court to which the proceedings are transferred.

(6) An order under this rule transferring proceedings in accordance with the Allocation Order of 1999 shall be served on the parties by the proper officer or chief clerk as the case may be.

Enforcement of orders made under the Order of 1998

3.23

CCR Order 57, rule 7 shall apply to non-molestation orders and occupation orders as if for paragraph (1) of that rule there were substituted the following—

(1) Where an occupation order or non-molestation order made under the Family Homes and Domestic Violence (Northern Ireland) Order 1998[^f00317], is enforceable by committal order under rule 5, the judge or the district judge may, on the application of the person entitled to enforce the order, direct the chief clerk to issue a copy of the order and any order so issued shall be served on the respondent personally.]

[ Application under Article 31B of the Order of 1989 for a declaration of parentage

3.24

(1) An application under Article 31B of the Order of 1989 for a declaration of parentage shall be commenced by petition which, unless otherwise directed, shall state—

(a) the full name and the sex, date and place of birth and residential address of the petitioner (except where the petitioner is the Department);

(b) where the case is not an excepted case within Article 31B(4) of the Order of 1989, either the petitioner’s interest in the determination of the application or that Article 28(2) of the Order of 1991[^f00320] applies;

(c) if they are known, the full name and the sex, date and place of birth and residential address of each of the following persons (unless that person is the petitioner)—

(i) the person whose parentage is in issue;

(ii) the person whose parenthood is in issue; and

(iii) any person who is acknowledged to be the [[^f00321] parent] of the person whose parentage is in issue;

(d) if the petitioner, the person whose parentage is in issue or the person whose parenthood is in issue, is known by a name other than that which appears in the certificate of his birth, that other name (which shall also be stated in any decree made thereon);

(e) if it is known, the full name of the mother, or alleged mother, of the person whose parentage is in issue, at the date of—

(i) her birth;

(ii) her first marriage;

(iii) the birth of the person whose parentage is in issue; and

(iv) her most recent marriage;

if it was at any of those times different from her full name at the date of the presentation of the petition;

(f) the grounds on which the petitioner relies and all other material facts alleged by him to justify the making of the declaration;

(g) whether there are or have been any other proceedings in any court, tribunal or authority in Northern Ireland or elsewhere relating to the parentage of the person whose parentage is an issue or to the parenthood of the person whose parenthood is an issue, and, if so—

(i) particulars of the proceedings, including the court, tribunal or authority before which they were begun, and their nature, outcome or present state;

(ii) the date they were begun;

(iii) the names of the parties; and

(iv) the date or expected date of any trial in the proceedings;

(h) that either the person whose parentage is in issue or the person whose parenthood is in issue—

(i) is domiciled in Northern Ireland on the date of the presentation of the petition; or

(ii) has been habitually resident in Northern Ireland throughout the period of one year ending with that date; or

(iii) died before that date and either was at death domiciled in Northern Ireland or had been habitually resident in Northern Ireland throughout the period of one year ending with the date of death; and

(i) the nationality, citizenship or immigration status of the person whose parentage is in issue and of the person whose parenthood is in issue, and the effect which the granting of a declaration of parentage would have upon the status of each of them as regards his nationality, citizenship or right to be in the United Kingdom.

(2) Unless otherwise directed, there shall be annexed to the petition a copy of the birth certificate of the person whose parentage is in issue.

(3) The respondents to the application shall be—

(i) the person whose parentage is in issue; and

(ii) any person who is, or who is alleged to be, the [[^f00322] parent] of the person whose parentage is in issue;

excluding the petitioner.

(4) The prescribed officer for the purposes of Article 31B(7) of the Order of 1989 shall be the chief clerk or proper officer, as the case may be.

Application under Article 32 of the Order of 1989 for a declaration of legitimacy or legitimation

3.25

(1) Unless otherwise directed, a petition by which proceedings are begun under Article 32 of the Order of 1989 for a declaration of legitimacy or legitimation shall state—

(a) the name of the petitioner and, if the petitioner is known by a name other than that which appears in the certificate of his birth, that other name (which shall be stated in any decree made on the petition);

(b) the date and place of birth of the petitioner;

(c) if it is known, the name of the petitioner’s father and the maiden name of the petitioner’s mother and, if it is different, her current name, and the residential address of each of them at the time of the presentation of the petition;

(d) the grounds on which the petitioner relies and all other material facts alleged by him to justify the making of the declaration; and

(e) either that the petitioner is domiciled in Northern Ireland on the date of the presentation of the petition or that he has been habitually resident in Northern Ireland throughout the period of one year ending with that date.

(2) Unless otherwise directed, there shall be annexed to the petition a copy of the petitioner’s birth certificate.

(3) The petitioner’s father and mother, or the survivor of them, shall be respondents to the application.

General provisions relating to applications under Article 31B or 32 of the 1989 Order

3.26

Rules 3.27 to 3.35 shall apply to a petition issued under rule 3.24 or 3.25 as the case may be.

Affidavit in support of petition

3.27

(1) A petition shall be supported by an affidavit by the petitioner verifying the petition and giving particulars of every person whose interest may be affected by the proceedings and his relationship to the petitioner. Provided that if the petitioner is under the age of 18 the affidavit shall, unless otherwise directed, be made by his next friend.

(2) An affidavit for the purpose of paragraph (1) may contain statements of information and belief and the sources and grounds thereof.

Notice of petition to be given to the Attorney General

3.28

(1) A copy of the petition and every document accompanying it shall be given by the petitioner to the Crown Solicitor on behalf of the Attorney General at least one month before the petition is filed and it shall not be necessary thereafter to serve these documents on him.

(2) On filing the petition, notice of the petition shall be given by the petitioner to the Crown Solicitor on behalf of the Attorney General who may enter an appearance to the petition within 14 days from such notice.

(3) The Attorney General, in deciding whether it is necessary or expedient to intervene in the proceedings, may have a search made for, and may inspect and request a copy of, any document filed or lodged in the court offices which relates to any other matrimonial proceedings referred to in the proceedings.

Service of petition

3.29

A copy of the petition endorsed with a notice to appear in Form M32 shall be served personally or by post on every respondent.

Appearance by respondent

3.30

A respondent may, within 14 days of service of the petition, enter an appearance.

Answer by respondent

3.31

(1) A respondent who has entered an appearance may, within 14 days thereafter enter an answer to the petition.

(2) The respondent shall within 4 days of filing an answer deliver a copy of it to the petitioner and to the Crown Solicitor and any other party to the proceedings.

Application for directions

3.32

(1) After the expiration of the time limited for the filing of an answer under rule 3.31(1), the petitioner shall issue and serve on all respondents, and on the Crown Solicitor, an application for directions as to any other persons who should be made respondents to the petition or given notice of the proceedings.

(2) When giving directions in accordance with paragraph (1), the court shall consider whether it is necessary that the Attorney General should argue before it any question relating to the proceedings and, if it does so consider, the Attorney General need not file an answer and the court shall give directions requiring him to serve on all parties to the proceedings a summary of his argument.

Answer by the Attorney General

3.33

Subject to paragraph (2) or rule 3.32, the Attorney General shall file an answer to the petition within 21 days after directions have been given under that rule and shall deliver a copy thereof to the petitioner and any other party to the proceedings.

Joining of parties

3.34

Persons given notice of proceedings pursuant to directions given in accordance with rule 3.32 shall within 21 days of service of the notice upon them be entitled to apply to the Master to be joined as parties and the matter shall not be set down for hearing until that period and the period referred to in rule 3.33 have expired.

Setting down for hearing

3.35

(1) The petitioner shall request the Master to enter the cause for hearing by lodging in the county court office or the Matrimonial Office, as the case may be, a certificate of readiness in Form M33.

(2) At the same time as lodging the certificate of readiness, the petitioner shall deliver to the Office one bundle for the use of the judge consisting of one indexed copy of the following documents—

(a) the certificate of readiness;

(b) the petition;

(d) affidavit of service;

(e) interlocutory orders;

(f) the requisite legal aid documents.

fastened together in the order shown and having endorsed thereon the names and addresses of the solicitors for the parties.

(3) Within 4 days of lodging the certificate of readiness the petitioner shall give notice of having done so to the Crown Solicitor on behalf of the Attorney General and to each party in the cause who has entered an appearance.

(4) The Master shall, subject to paragraph (5), fix a date for hearing and give notice thereof to every party in the cause.

(5) Save with the consent of all the parties or by leave of the judge, no cause shall be placed in the list for hearing until after the expiration of 10 days from the date on which the certificate of readiness was lodged.

Form of declaration

3.36

A declaration made in accordance with Article 31B of the Order of 1989 shall be in Form M34 and a declaration made in accordance with Article 32 of the Order of 1989 shall be in Form M35.

Notice to Registrar General

3.37

Within 21 days after a declaration of parentage has been made, the prescribed officer shall send to the Registrar General a copy of the declaration in Form M34 and the petition.

Transfer of proceedings under the Allocation Order of 2002

3.38

(1) Where proceedings are transferred to the High Court under Article 6 of the Allocation Order of 2002 any relevant documentation shall be sent by the chief clerk to the Matrimonial Office.

(2) The proper officer shall notify the parties of an order transferring proceedings from the High Court in accordance with Article 7 or 8 of the Allocation Order of 2002 and a copy of the order shall be sent to the court to which the proceedings are transferred.

(3) The chief clerk shall notify the parties of an order transferring proceedings in accordance with Article 6 or 7 of the Allocation Order of 2002 and a copy of the order shall be sent to the court to which the proceedings are transferred.

(4) An order under this rule transferring the proceedings in accordance with the Allocation Order of 2002 shall be in Form M36.]

[ Reference under section 8(5) of the Gender Recognition Act 2004

3.39

(1) A reference to the High Court under section 8(5) of the Gender Recognition Act 2004 shall be brought by originating motion issued out of the Matrimonial Office.

(2) The Secretary of State is to be referred to as the applicant and the respondent is the person whose application under section 1(1), 5(2) or 6(1) of the Gender Recognition Act 2004 was granted.

(3) The originating motion shall be served on the President of the Gender Recognition Panels and such other persons as the Court may direct.

(4) Where the applicant knows that—

(a) the respondent is a party to a cause in which the petition or answer prays for a decree of nullity of marriage under Article 14(g) of, or paragraph 18(1)(e) of Schedule 3 to, the Order of 1978 or for an order for nullity of civil partnership under section 174(1)(d) of the Act of 2004, he shall—

(i) give particulars of those proceedings in the originating motion, and

(ii) serve the originating motion on the court in which that petition is pending (where he has sufficient information to do so);

(b) a full gender recognition certificate has been issued to the respondent under section 5(1) of the Gender Recognition Act 2004, he shall give particulars of this in the originating motion.

(5) A copy of any order of the court made on the reference shall be served on—

(a) the parties,

(b) the President of Gender Recognition Panels,

(c) where sufficient particulars have been provided under paragraph (4)(a)(i), on the court in which any such cause is pending,

and may be served on such other persons as the court thinks fit.]

[ Proceedings under the 2007 Act: Interpretation

3.40

In rules 3.41 to 3.46—

(a) a “forced marriage protection order” means an order under paragraph 1 of Schedule 1 to the Act of 2007;

(b) “the person who is the subject of the proceedings” means the person who will be protected by the forced marriage protection order applied for or being considered by the court of its own motion, if that order is made, or who is being protected by such an order.

Applications for forced marriage protection orders

3.41

(1) An application for a forced marriage protection order, including an application for a forced marriage protection order which is made in other proceedings which are pending, shall be made in Form F10.

(2) An application for a forced marriage protection order shall be filed—

(i) in relation to an application to the High Court, in the Office of Care and Protection; or

(ii) in relation to an application to a county court, in the county court office.

(3) An application for a forced marriage protection order made by an organisation shall state—

(a) the name and address of the person submitting the application; and

(b) the position which that person holds in the organisation.

(4) Where an application is made without notice being given to the respondent it shall be supported by a statement, signed by the applicant and sworn to be true, explaining why notice is not being given.

Leave stage for applications for a forced marriage protection order

3.42

(1) Where the leave of the court is required to apply for a forced marriage protection order, the person seeking leave shall file in the Office of Care and Protection or, as the case may be, the county court office—

(a) a written request for leave in Form F14 setting out—

(i) the reasons for the application;

(ii) the applicant’s connection with the person who is the subject of the proceedings;

(iii) the applicant’s knowledge of the circumstances of the person who is the subject to the proceedings; and

(iv) the applicant’s knowledge of the wishes and feelings of the person who is the subject of the proceedings; and

(b) a draft of the application for the making of which leave is sought, together with sufficient copies for one to be served on each respondent and the person who is the subject of the proceedings.

(2) As soon as practicable after receiving a request under paragraph (1), the court shall—

(a) grant the request; or

(b) direct that a date be fixed for the hearing of the request and fix the date, [and the proper officer or, as the case may be, chief clerk shall inform the following persons of the court’s action under this paragraph—

(i) the person making the request,

(ii) each respondent,

(iii) the person who is the subject of the proceedings, and

(iv) any other person directed by the court.

(3) Where leave is granted to bring proceedings the application shall proceed in accordance with rule 3.41.

Service of an application for a forced marriage protection order

3.43

(1) Subject to paragraph (3), in every application made on notice the applicant shall arrange for a copy of the application, together with notice of any hearing or directions appointment set by the court in Form F11 to be served personally on—

(a) the respondent,

(b) the person who is the subject of the proceedings (if not the applicant), and

not less than 2 days before the date fixed for hearing.

(2) The court may abridge the period specified in paragraph (1).

(3) The applicant shall file a statement in Form F17 after the application has been served.

Parties to proceedings for a forced marriage protection order

3.44

(1) In proceedings under the Act of 2007, a person may file in the Office of Care and Protection or, as the case may be, the county court office a request in Form F15 that he or another person—

(a) be joined as a party or

(b) cease to be a party.

(2) As soon as practicable after receiving a request under paragraph (1), the court shall do one of the following—

(a) in the case only of a request under paragraph 1(a), grant the request;

(b) direct that a date be fixed for the hearing of the request and fix a date; or

(c) invite written representations as to whether the request should be granted, to be filed within a specified period, and upon expiry of that period act under sub-paragraph (a) or (b) as it sees fit;

and the proper officer, or as the case may be, chief clerk shall inform the following persons of the court’s action under this paragraph—

(i) the person making the request,

(ii) the applicant and the respondent,

(iii) (if different) the person who is the subject of the proceedings, and

(iv) any other person directed by the court.

(3) The court may direct—

(a) that a person who would not otherwise be a respondent under these rules be joined as a party to the proceedings; or

(b) that a party to the proceedings cease to be a party,

and such a direction may be made by the court of its own motion as well as upon a request under paragraph (1).

Hearing of applications for forced marriage protection orders

3.45

(1) Unless the court otherwise directs, an application for a forced marriage protection order shall be heard by a judge in chambers.

(2) The judge shall make a record of the hearing in Form F12.

(3) The order made on the hearing shall be issued in Form F13.

(4) The applicant shall arrange for—

(a) a copy of the order;

(b) a copy of the record of the hearing; and

(c) where the order is made without the respondent having been given notice of the proceedings; a copy of the application together with any statement supporting it;

to be served personally on the respondent, the person who is the subject of the proceedings (if not the applicant), and any other person named in the order as soon as reasonably practical.

(5) Where the order has been made without the respondent having been given notice of the proceedings the proper officer or, as the case may be, the chief clerk shall give the respondent and the other parties at least 5 days notice, or such other period as the court may direct, of the date fixed for a full hearing.

(6) The court may direct that a further hearing be held to consider any representations made by the respondent, the person who is the subject of the proceedings (if not the applicant), or any other person named in the order.

(7) An application to vary, extend or discharge an order made under the Act of 2007 shall be made in Form F16 and this rule shall apply to the hearing of such an application.

Forced marriage protection orders made by the court of its own motion

3.46

(1) Where the court makes a forced marriage protection order of its own motion under paragraph 3 of Schedule 1 to the Act of 2007, it shall set out in the order—

(a) a summary of its reasons for making the order and

(b) the names of the persons who are to be served with the order.

(2) The court may order service of the order on—

(a) any of the parties to the current proceedings,

(b) (if different) the person being protected by the order; and

(3) The court will give directions as to how the order is to be served.

(4) The court may direct that a further hearing be held to consider any representations made by any of the persons named in the order.]

[ Application under Article 32L of the Order of 1991: Interpretation

3.47

In rules 3.48 to 3.52—

(a) “child support maintenance” has the meaning assigned to it in Article 4(6) of the Order of 1991;

(b) “the Department” has the meaning assigned to it in Article 2(2) of the Order of 1991;

Application under Article 32L of the Order of 1991

3.48

(1) An application for an order preventing avoidance under Article 32L of the Order of 1991 shall be made by originating summons in Form CS1 issued out of the Matrimonial Office and shall be supported by an affidavit by the applicant.

(2) The affidavit in support shall—

(a) include the following information—

(i) the name and address of the person who owes child support maintenance;

(ii) the amount of outstanding child support maintenance and the period during;

(iii) which that amount has been outstanding;

(iv) any steps taken to date to enforce payment of the amount of outstanding child support maintenance;

(v) in the case of applications made without notice, the reasons why notice has not been given;

(b) where the application relates to land—

(i) state, if known to the applicant whether the title to the land is registered or unregistered and, if registered, the Land Registry folio number;

(ii) give particulars, so far as known to the applicant, of any mortgage, charge or lien whatsoever on the land or on any interest thereon;

(c) in the case of an application under Article 32L(2) of the Order of 1991, state the name and address of the person in whose favour the reviewable disposition is alleged to have been made; and

(d) state the facts relied on in support of the application including—

(i) in the case of an application under Article 32 L(1) of the Order of 1991, the proposed disposition or other dealing with property which would have the consequence of making ineffective a step that has been or may be taken to recover the amount of outstanding child support maintenance;

(ii) in the case of an application under Article 32L(2) of the Order of 1991, the disposition which is alleged to be reviewable and has had the consequence of making ineffective a step taken or which may have been taken to recover the amount of outstanding child support maintenance.

(3) Where the applicant is not relying on evidence to give rise to the presumption under Article 32L(7) of the Order of 1991 that the person who disposed of or is about to dispose of or deal with property did so or, as the case may be is about to do so, with the intention of avoiding payment of child support maintenance, then the applicant must give other evidence supporting the person’s intention of avoiding such payment.

Parties to proceedings under Article 32L of the Order of 1991

3.49

(1) In proceedings under Article 32L of the Order of 1991, the applicant is the Department 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 to the proceedings cease to be a party.

Service of an application under Article 32L of the Order of 1991

3.50

(1) In every application made on notice the applicant shall serve the application, a copy of the affidavit in support and the acknowledgement of service in Form CS2 on—

(a) each 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 after service of the application, for a copy of the applicants affidavit in support of the application.

(4) Any person who—

(a) is served with copies of the application and the applicant’s affidavit in support of the application under paragraph (1); or

(b) receives a copy of the applicant’s affidavit in support of the application following a request under paragraph (3),

may within 14 days after service file an affidavit in answer.

Application under Article 32L(1) of the Order of 1991 without notice

3.51

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

(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 court grants an application under paragraph (2)—

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

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

Hearing of applications under Article 32L of the 1991 Order

3.52

Unless the court otherwise directs, an application for an order under Article 32L of the Order of 1991 shall be heard by a judge in chambers.]

4.1

(1) In this Part of and Appendix 3 to these Rules, unless a contrary intention appears—

“the Allocation Order” means the Children (Allocation of Proceedings) Order (Northern Ireland) 1996[^f00326];

an Article or Schedule referred to by number means the Article or Schedule so numbered in the Order of 1995;

“an Article 8 Order” has the same meaning as in Article 8(2);

“application”’ means an application made under or by virtue of the Order of 1995 or under these Rules and “applicant” shall be construed accordingly;

“authority” has the same meaning as in Article 2(2);

“child”, in relation to proceedings to which this Part applies— means, subject to sub-paragraph (b), a person under the age of 18 with respect to whom the proceedings are brought, and where the proceedings are under Schedule 1, also includes a person who has reached the age of 18;

“directions appointment” means a hearing for directions under rule 4.15;

“family care centre” means a county court which has been specified as a family care centre in the Allocation Order;

“guardian ad litem” means a guardian ad litem, appointed under Article 60, of the child with respect to whom the proceedings are brought;

“leave” includes permission and approval;

“parental responsibility” has the same meaning as in Article 6;

“Parties” means the respondents specified in column (iii) of Appendix 3 and the applicant;

“specified proceedings” has the same meaning as in Article 60(6) and Rule 4.3(2);

“welfare officer” means a person who has been asked to prepare a welfare report under Article 4.

(2) Except where the contrary intention appears, the provisions of this Part apply to proceedings in the High Court and a county court—

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