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The Family Proceedings Rules (Northern Ireland) 1996

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  1. Introductory Text

  2. Part I Preliminary

    1. 1.1.Citation and commencement

    2. 1.2.Revocation and saving

    3. 1.3.Interpretation

    4. 1.4.Application of other rules

  3. Part II

    Matrimonial causes

    1. Petition, pleadings and amendment

      1. 2.1.Application for leave to present a petition for nullity

      2. 2.2.Discontinuance before service of petition

      3. 2.3.Cause to be begun by petition

      4. 2.4.Contents of petition

      5. 2.5.Signing of petition

      6. 2.6.Presentation of petition

      7. 2.7.Conciliation

      8. 2.8.Parties

      9. 2.9.Service of petition

      10. 2.10.Proof of service

      11. 2.11.Notice of intention to defend

      12. 2.12.Consent to the grant of a decree

      13. 2.13.Supplemental petition, pleadings and amendment of petition

      14. 2.14.Filing of answer to petition

      15. 2.15.Filing of reply and subsequent pleadings

      16. 2.16.Filing of pleadings after lodgment of certificate of readiness

      17. 2.17.Contents of answer and subsequent pleadings

      18. 2.18.Allegation against third person in pleading

      19. 2.19.Service of pleadings

      20. 2.20.Supplemental answer and amendment of pleadings

      21. 2.21.Service and amendment of pleadings

      22. 2.22.Particulars

      23. 2.23.Re-transfer of cause to divorce county court

    2. Preparation for trial

      1. 2.24.Discovery of documents

      2. 2.25.Discovery by interrogatories

      3. 2.26.Medical examination in proceedings for nullity

      4. 2.27.Conduct of medical examination

      5. 2.28.Entry for hearing and certificate of readiness

      6. 2.29.Stay under Schedule 1 to the Order of 1978

    3. Trial etc

      1. 2.30.Mode and place of trial

      2. 2.31.Setting down for trial

      3. 2.32.Order for transfer of cause

      4. 2.33.Trial of issue

      5. 2.34.Lists in the divorce county court

      6. 2.35.Right to be heard on ancillary questions

      7. 2.36.Respondent’s statement as to arrangements for children

      8. 2.37.Procedure for complying with Article 44 of the Order of 1978

      9. 2.38.Applications relating to children of the family

      10. 2.39.Restoration of matters adjourned, etc at the hearing

    4. Evidence

      1. 2.40.Evidence generally

      2. 2.41.Evidence by affidavit, etc

      3. 2.42.Evidence of marriage outside Northern Ireland

      4. 2.43.Rules 2.41 and 2.42 not to affect the power of the judge at the trial to refuse to admit any evidence

      5. 2.44.Issue of writ of subpoena or witness summons

      6. 2.45.Hearsay and expert evidence

    5. Decrees and orders

      1. 2.46.Decrees and orders

      2. 2.47.Application for rescission of decree

      3. 2.48.Application under Article 12(2) of the Order of 1978

      4. 2.49.Intervention to show cause by the Crown Solicitor

      5. 2.50.Intervention to show cause by person other than Crown Solicitor

      6. 2.51.Rescission of decree nisi by consent

      7. 2.52.Decree absolute on lodging notice

      8. 2.53.Decree absolute on application

      9. 2.54.Indorsement and certificate of decree absolute

    6. Ancillary relief

      1. 2.55.Application by petitioner or respondent for ancillary relief

      2. 2.56.Application by parent, guardian etc for ancillary relief in respect of children

      3. 2.57.Application in Form M13 or M14

      4. 2.58.Application for ancillary relief after order of court of summary jurisdiction

      5. 2.59.Children to be separately represented on certain applications

      6. 2.60.General provisions as to evidence, etc, on application for ancillary relief

      7. 2.61.Evidence on application for property adjustment or avoidance of disposition order

      8. 2.62.Evidence on application for variation order

      9. 2.63.Service of affidavit in answer or reply

      10. 2.64.Investigation by Master of application for ancillary relief

      11. 2.65.Order on application for ancillary relief

      12. 2.66.Reference of application to judge

      13. 2.67.Transfer of application for ancillary relief: general provisions

      14. 2.68.Transfer for purpose of expedition

      15. 2.69.Arrangements for hearing of application etc by judge

      16. 2.70.Request for periodical payments order at same rate as order for maintenance pending suit

      17. 2.71.Application for order under Article 39(2)(a) of the Order of 1978

      18. 2.72.Consent orders

      19. 2.73.Pensions

  4. Part III Other family proceedings

    1. 3.1.Application by spouse for failure to maintain

    2. 3.2.Transfer to High Court of applications under rule 3.1

    3. 3.3.Hearing of applications under rule 3.1

    4. 3.4.Application for alteration of maintenance agreement during lifetime of parties

    5. 3.5.Application for alteration of maintenance agreement after death of one party

    6. 3.6.Further proceedings on an application under rule 3.5

    7. 3.7.Application of other rules to proceedings under Article 37 or 38 of the Order of 1978

    8. 3.8.Proceedings in respect of polygamous marriage

    9. 3.9.Transfer of certain tenancies on divorce

    10. 3.10.Application for declaration as to marital status

    11. 3.11.Procedure to be followed in relation to application under rule 3.10

    12. 3.12.Application for leave to apply for financial relief after overseas divorce

    13. 3.13.Application for an order for financial relief or an avoidance of transaction order under Part IV of the Order of 1989

    14. 3.14.Application for an order under Article 28 of the Order of 1989 preventing a transaction

  5. Part IV Children (Northern Ireland) Order 1995

    1. 4.1.Interpretation and application

    2. 4.2.Proceedings in chambers

    3. 4.3.Matters prescribed for the purposes of the Order of 1995

    4. 4.4.Application for leave to commence proceedings

    5. 4.5.Application

    6. 4.6.Withdrawal of application

    7. 4.7.Transfer of proceedings

    8. 4.8.Parties

    9. 4.9.Service under this Part of the Rules

    10. 4.10.Answer to application

    11. 4.11.Appointment of guardian ad litem

    12. 4.12.Powers and duties of guardian ad litem

    13. 4.13.Solicitor for child

    14. 4.14.Welfare officer

    15. 4.15.Directions

    16. 4.16.Timing of proceedings

    17. 4.17.Attendance at a directions appointment and hearing

    18. 4.18.Documentary evidence

    19. 4.19.Expert evidence — examination of child

    20. 4.20.Amendment

    21. 4.21.Hearing

    22. 4.22.Attachment of penal notice to Article 8 order

    23. 4.23.Appeals

    24. 4.24.Confidentiality of documents

    25. 4.25.Notification of consent

    26. 4.26.Secure accommodation

    27. 4.27.Investigation under Article 56

  6. Part V Appeals

    1. 5.1.Appeal from a divorce county court to the Court of Appeal

    2. 5.2.Appeal from the district judge

  7. Part VI Disability

    1. 6.1.Interpretation

    2. 6.2.Person under disability must sue by next friend etc

    3. 6.3.Certain minors may sue without next friend etc

    4. 6.4.Service on person under disability

    5. 6.5.Petition for nullity on ground of insanity, etc

    6. 6.6.Separate representation of children

  8. Part VII Procedure

    1. 7.1.Application

    2. 7.2.Security for costs in a matrimonial cause

    3. 7.3.Service out of Northern Ireland

    4. 7.4.Service of documents

    5. 7.5.Mode of making applications

    6. 7.6.No notice of intention to proceed after year’s delay

    7. 7.7.Filing of documents at place of hearing, etc

    8. 7.8.Mode of giving notice

    9. 7.9.Copies of Decrees and Order

    10. 7.10.Service of order

    11. 7.11.Record of proceedings at trial

    12. 7.12.Inspection of documents retained in court

    13. 7.13.Disclosure of information under the Order of 1991

    14. 7.14.Applications for relief which are precluded by the Order of 1991

    15. 7.15.Additional requirement where application for child maintenance is combined with application for other relief

    16. 7.16.Disclosure of address

    17. 7.17.Practice to be observed in the Matrimonial Office and divorce county courts

  9. Part VIII

    1. Enforcement of orders

      1. 8.1.Application

    2. Garnishee proceedings

      1. 8.2.Attachment of debt due to judgment debtor

      2. 8.3.Application for order

      3. 8.4.Service and effect of order to show cause

      4. 8.5.No appearance or dispute of liability by garnishee

      5. 8.6.Dispute of liability by garnishee

      6. 8.7.Claims of third persons

      7. 8.8.Discharge of garnishee

      8. 8.9.Money in court

      9. 8.10.Costs

    3. Charging orders, stop orders etc

      1. 8.11.Order imposing charge on securities

      2. 8.12.Application for order under rule 8.13

      3. 8.13.Service of notice of order to show cause

      4. 8.14.Effect of order to show cause

      5. 8.15.Making and effect of charging order absolute

      6. 8.16.Discharge, etc of charging order

      7. 8.17.Money in court: charging order

      8. 8.18.Jurisdiction of Master to grant injunction or appoint receiver to enforce charge

      9. 8.19.Funds in court: stop order

      10. 8.20.Securities not in court: stop notice

      11. 8.21.Effect of stop notice

      12. 8.22.Amendment of stop notice

      13. 8.23.Withdrawal, etc of stop notice

    4. Receivers: equitable execution

      1. 8.24.Appointment of receiver by way of equitable execution

      2. 8.25.Master may appoint receiver, etc

      3. 8.26.Application of rules as to appointment of receiver, etc

      4. 8.27.Attachment of earnings

    5. Examination in aid of enforcement

      1. 8.28.Examination as to debts owing to judgment debtor, etc

    6. Judgment summonses

      1. 8.29.Application for issue of judgment summons

      2. 8.30.Further provisions as to judgment summonses

      3. 8.31.Special provisions as to judgment summonses in divorce county courts

      4. 8.32.Removal of divorce county court order into High Court

  10. Signature

    1. APPENDIX 1

    2. APPENDIX 2

      Contents of Petition

      1. 1.Every petition shall state:— (a) the names of the parties...

      2. 2.A petition for a decree of nullity under Article 14(e)...

      3. 3.A petition for a decree of presumption of death and...

      4. 4.Every petition shall conclude with— (a) a prayer setting out...

    3. APPENDIX 3

      Notices and Respondents

  11. Explanatory Note

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