Family actions: financial information4

1

The Ordinary Cause Rules are amended in accordance with the following subparagraphs.

2

In rule 33.9 (productions in action of divorce or where section 11 order may be made)7

a

after subparagraph (b), insert—

c

in an action which includes a crave for an order for financial provision, the pursuer must lodge a completed Form F13A signed by the pursuer with the initial writ or minute of amendment as the case may be.

b

the heading of that rule becomes “Productions in action of divorce or where a section 11 order or order for financial provision may be made”.

3

In rule 33.34 (notice of intention to defend and defences)8

a

after paragraph (3) insert—

4

Where a defender opposes a crave for an order for financial provision or makes a claim in accordance with paragraph (1)(b)(ii), (iii) or (c)(i), the defender must lodge a completed Form F13A signed by the defender with the defences, minute of amendment or answers as the case may be.

b

the heading of that rule becomes “Notice of intention to defend and defences etc.”.

4

In rule 33A.9 (productions in action of dissolution of civil partnership or where section 11 order may be made)9

a

after paragraph (4), insert—

5

In a civil partnership action which includes a crave for an order for financial provision, the pursuer must lodge a completed Form CP13A signed by the pursuer with the initial writ or minute of amendment as the case may be.

b

the heading of that rule becomes “Productions in action of dissolution of civil partnership or where a section 11 order or order for financial provision may be made”.

5

In rule 33A.34 (notice of intention to defend and defences)—

a

after paragraph (3) insert—

4

Where a defender opposes a crave for an order for financial provision or makes a claim in accordance with paragraph (1)(b)(ii), (iii) or (c)(i), the defender must lodge a completed Form CP13A signed by the defender with the defences, minute of amendment or answers as the case may be.

b

the heading of that rule becomes “Notice of intention to defend and defences etc.”.

6

In Appendix 1, insert the Forms set out in Schedule 1 to this Act of Sederunt in the following places—

a

after Form F13 (Form of intimation to person with whom an improper association is alleged to have occurred) insert Form F13A (Form of statement of matrimonial property);

b

after Form CP13 (Form of intimation to person with whom an association is alleged to have occurred in a civil partnership action)10 insert Form CP13A (Form of statement of civil partnership property).