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

Amendments to the 1991 Rules

37.  In rule 2.45—

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

(b) in paragraph (1)—

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

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

(c) in paragraph (5)—

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

(ii) for “2.51B” substitute “2.51D”;

(d) after paragraph (5), insert—

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

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

(f) after paragraph (6) insert—

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