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

Consequential and Transitional Provision

123.—(1) Where proceedings have been commenced before the date on which these Rules come into force, the 1991 Rules shall apply to those proceedings as if these Rules had not been made.

(2) Notwithstanding paragraph (1), in proceedings commenced before these Rules come into force—

(a) where the 1991 Rules require the use of any form other than Forms M1, E, P, P1 and P2, that form may be used in those proceedings as amended or substituted by these Rules; and

(b) any requirement in the 1991 Rules (including in any of the forms)—

(i) to state if either party to a marriage has remarried shall be read as also requiring him to indicate if either party has entered into a civil partnership; and

(ii) to state if either party has any intention to marry or remarry shall be read as also requiring him to indicate if either party has any intention to enter into a civil partnership.

(3) Where in any proceedings commenced after these Rules come into force, other than proceedings under the Civil Partnership Act 2004, the 1991 Rules require the use of any form, other than Forms M1, FL401, E, P, P1 and P2, then, subject to paragraph (2)(b) that form may be used in those proceedings as though it had not been amended or substituted by these Rules.

(4) For the purposes of this rule, ancillary relief proceedings are commenced when—

(a) a notice of intention to proceed with an application for ancillary relief made in a petition or answer; or

(b) an application for ancillary relief

in Form A is filed with the court.