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The Family Proceedings Rules (Northern Ireland) 1996

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1.  Every petition shall state:—

(a)the names of the parties to the marriage and the date and place of the marriage;

(b)the last address at which the parties to the marriage have lived together as husband and wife;

(c)where it is alleged that the court has jurisdiction based on domicile—

(i)the country in which the petitioner is domiciled, and

(ii)if that country is not Northern Ireland, the country in which the respondent is domiciled;

(d)where it is alleged that the court has jurisdiction based on habitual residence—

(i)the country in which the petitioner has been habitually resident throughout the period of one year ending with the date of the presentation of the petition, or

(ii)if the petitioner has not been habitually resident in Northern Ireland, the country in which the respondent has been habitually resident during that period,

with details in either case, including the addresses of the places of residence and the length of residence at each place;

(e)the occupation and residence of the petitioner and the respondent;

(f)whether there are any living children of the family and, if so—

(i)the number of such children and the full names (including surname) of each and his date of birth or (if it be the case) that he is over 18 years of age; and

(ii)in the case of each minor child over the age of 16, whether he is receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation;

(g)whether (to the knowledge of the petitioner in the case of a husband’s petition) any other child now living has been born to the wife during the marriage, and if so, the full names (including surname) of the child and his date of birth, or, if it be the case, that he is over 18 years of age;

(h)if it be the case, that there is a question whether a living child is a child of the family;

(i)where an application is being made for periodical payments or secured periodical payments for a child of the family,

(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;

  • on some other specified ground; or

(ii)that 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;

(j)whether or not there have been any applications under the Order of 1991 for a maintenance assessment in respect of any child of the family and if so

(i)the date of any such application, and

(ii)if available, details of the assessment made;

(k)whether or not there are or have been any other proceedings in any court in Northern Ireland or elsewhere with reference to the marriage or to any children of the family or between the petitioner and the respondent with reference to any property of either or both of them, and, if so—

(i)the nature of the proceedings,

(ii)the date and effect of any decree or order, and

(iii)in the case of proceedings with reference to the marriage, whether there has been any resumption of cohabitation since the making of the decree or order;

(l)whether there are any proceedings continuing in any country outside Northern Ireland which relate to the marriage or are capable of affecting its validity of subsistence and, if so—

(i)particulars of the proceedings, including the court in or tribunal or authority before which they were begun,

(ii)the date when they were begun,

(iii)the names of the parties,

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

(v)such other facts as may be relevant to the question whether the proceedings on the petition should be stayed under Schedule 1 to the Order of 1978;

and such proceedings shall include any which are not instituted in a court of law in that country, 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 been begun and have not been finally disposed of;

(m)where the fact on which the petition is based is 5 years' separation, whether any, and if so what, agreement or arrangement has been made or is proposed to be made between the parties for the support of the respondent or, as the case may be, the petitioner or any child of the family;

(n)in the case of a petition for divorce under Article 3(2)(e) of the Order of 1978 whether the petitioner proposes if a decree nisi is granted to make any financial provision for the respondent giving details of any proposal not mentioned under paragraph (k);

(o)in the case of a petition for divorce, that the marriage has broken down irretrievably;

(p)the fact alleged by the petitioner for the purposes of Article 3(2) of the Order of 1978 or, where the petition is not for divorce or judicial separation, the ground on which relief is sought, together in any case with brief particulars of the individual facts relied on but not the evidence by which they are to be proved;

(q)any further or other information required by such of the following paragraphs and by rule 88 as may be applicable.

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