Amendment to the 1996 Rules
43. In rule 2.52 (Decree absolute on lodging notice)—
(a)in the heading, after “Decree absolute” insert “or final order”;
(b)for paragraph (1) substitute—
“(1) Subject to rule 2.53(1), an application by—
(a)a spouse to make absolute a decree nisi pronounced in his favour, or
(b)a civil partner to make final a conditional order made in his favour,
may be made by lodging with the proper officer or chief clerk, as the case may be, notice in Form M10.”;
(c)in paragraph (2)—
(i)in sub-paragraph (a), after “decree”, in each place it appears, insert “or the conditional order”;
(ii)in sub-paragraph (b), after “decree” insert “or the conditional order”;
(iii)in sub-paragraph (e), at the beginning of the sub-paragraph insert “if the cause is a matrimonial cause,”;
(iv)after sub-paragraph (e) insert—
“(ea)if the cause is a civil partnership cause, that the court has complied with section 186(1) of the Act of 2004 and has not given any direction under section 186(2) of that Act;”;
(v)in sub-paragraph (f)—
(aa)after “decree” insert “or the conditional order, as the case may be”; and
(bb)in head (iii) omit “and”;
(vi)in sub-paragraph (g)—
(aa)at the beginning insert “if the cause is a matrimonial cause,”; and
(bb)for “with,” substitute “with”;
(vii)after sub-paragraph (g) insert—
“(h)if the cause is a civil partnership cause, that the provisions of section 172(2) to (5) of the Act of 2004 do not apply or have been complied with;
(i)where the decree nisi was pronounced on the ground in Article 14(g) of, or paragraph 18(1)(e) of Schedule 3 to, the Order of 1978—
(i)that there is not pending a reference under section 8(5) of the Gender Recognition Act 2004 in respect of the application on which the interim gender recognition certificate to which the petition relates was granted;
(ii)that that interim certificate has not been revoked under section 8(6)(b) of that Act; and
(iii)that no appeal is pending against an order under section 8(6)(a) of that Act.”.
(viii)after “decree absolute”, the first time it appears, insert “or the conditional order final”; and
(ix)in the part of paragraph (2) which begins “Provided that”—
(aa)after “decree nisi” insert “or the conditional order”; and
(bb)after “decree absolute” insert “or the conditional order final”.