The Family Proceedings Courts (Matrimonial Proceedings etc.) Rules 1991

Proceedings by or against a person outside England and Wales for variation or revocation of orders under section 20

22.  –

(1) The jurisdiction conferred on a court by virtue of section 20 of the Act shall, subject to the provisions of this rule, be exercisable even though the proceedings are brought by or against a person residing outside England and Wales.

(2) Subject to paragraph (3), where a court is satisfied that the respondent has been outside England and Wales for the whole of the period beginning one month before the making of the application and ending with the date of the hearing, it may proceed with an application made under section 20 of the Act provided that–

(a) the applicant has taken steps to notify the respondent of the making of the application and of the time and place appointed for the hearing by–

(i) causing a notice in writing to that effect to be delivered to the respondent;

(ii) causing a notice in writing to that effect to be sent by post addressed to the respondent at his last known or usual place of abode or at his place of business or at such other address at which there is ground for believing that it will reach the respondent, in accordance with directions given for the purpose by a justice acting for the same petty sessions area as that of the court; or

(iii) causing a notice to that effect to be inserted in one or more newspapers, in accordance with directions given as aforesaid; and

(b) it is reasonable in all the circumstances to proceed in the absence of the respondent.

(3) The court shall not make the order for which the application is made unless it is satisfied that during the period of 6 months immediately preceding the making of the application the respondent was continuously outside England and Wales or was not in England and Wales on more than 30 days and that, having regard to any communication to the court in writing purporting to be from the respondent, it is reasonable in all the circumstances to do so.

(4) A court shall not exercise its powers under section 20 of the Act so as to increase the amount of any periodical payments required to be made by any person under the Act unless the order under that section is made at a hearing at which that person appears or a statement has been filed under rule 4(4) that service of a copy of the application has been effected on the respondent.

(5) Paragraph (1) of rule 67 of the Magistrates' Courts Rules 1981(1) shall apply for the purpose of proving the delivery of a written notice in pursuance of paragraph (2)(a)(i) as it applies for the purpose of proving the service of a summons. In relation to a solemn declaration made outside the United Kingdom, paragraph (1) of the said rule 67, as applied by this paragraph, shall have effect as if for the reference to the authorities mentioned in the said paragraph (1) there were substituted a reference to a consular officer of Her Majesty’s Government in the United Kingdom or any person for the time being authorised by law, in the place where the declarant is, to administer an oath for any judicial or other legal purpose.

(6) Paragraph (2) of the said rule 67 shall apply for the purpose of proving the sending of a written notice in pursuance of paragraph (2)(a)(ii) or the insertion of a notice in a newspaper in pursuance of paragraph (2)(a)(iii) as it applies for the purpose of proving the service of any process, provided, as respects the insertion of a notice in a newspaper, that a copy of the newspaper containing the notice is annexed to the certificate.

(1)

S.I. 1981/552.