SCHEDULES

F8first schedule ORDINARY CAUSE RULES 1993

Annotations:
Amendments (Textual)
F8

Sch. 1 (with appendices 1 and 2) substituted (1.1.1994) for Sch. 1 (with appendix) by S.I. 1993/1956, para. 2, Sch.1.

Sch. 1 (except rule 29.10) excluded (1.4.1997) by S.I. 1997/291, rule 3.24, Sch. 3

Sch. 1 extended (14.2.2000) by S.I. 2000/124, reg. 30(5)

Special provisions in relation to particular causes

CHAPTER 33 FAMILY ACTIONS

PART XI SIMPLIFIED DIVORCE APPLICATIONS

33 Application and interpretation of this Part

1

This Part applies to an application for divorce by a party to a marriage made in the manner prescribed in rule 33.74 (form of applications) if, but only if—

a

that party relies on the facts set out in section 1(2)(d) (no cohabitation for F1one year with consent of defender to decree), or section 1(2)(e) (no cohabitation for F2two years) F3 or section 1(1)(b) (issue of interim gender recognition certificate) F4, of the M1Act of 1976;

b

in an application under section 1(2)(d) of the Act of 1976, the other party consents to decree of divorce being granted;

c

no other proceedings are pending in any court which could have the effect of bringing the marriage to an end;

d

there are no children of the marriage under the age of 16 years;

e

neither party to the marriage applies for an order for financial provision on divorce; F5. . .

f

neither party to the marriage suffers from mental disorder F6; and.

F7g

neither party to the marriage applies for postponement of decree under section 3A of the Act of 1976 M2(postponement of decree where impediment to religious marriage exists).

2

If an application ceases to be one to which this Part applies at any time before final decree, it shall be deemed to be abandoned and shall be dismissed.

3

In this Part “simplified divorce application” means an application mentioned in paragraph (1).