The Family Proceedings (Amendment) (No. 2) Rules 1996

Explanatory Note

(This note is not part of the Rules)

These Rules amend the Family Proceedings Rules 1991 to regulate applications for financial provision orders affecting pensions. The principal provisions are as follows:

(a) the applicant may apply for such an order by notice in form M11 or M13 or by lodging a draft agreed form of order (new rule 2.70(3));

(b) where the order sought imposes any obligation on a pension scheme, the applicant must give notice of the application to the trustees or managers, and they are given the rights to demand a copy of the applicant’s affidavit, to file an affidavit in reply and to be represented at a hearing of the application fixed for the purpose (new rule 2.70(4) to (7));

(c) the applicant must supply an address and/or bank details sufficient to allow the pension scheme to comply with its obligations relating to notices and payment (new rule 2.70(4));

(d) a party with pension rights must give in his affidavit of means details of those rights, including any valuation received to date, and may be required to procure such a valuation by an order for discovery (new rule 2.70(1) and (2));

(e) an order imposing an obligation on a pension scheme can be made by agreement of the parties, but only if the trustees or managers have been notified and have made no objection in 14 days, or their objection has been considered by the court (new rules 2.61(1)(dd) and 2. 70(8)).