The Family Proceedings (Amendment) Rules 2003

Amendments to the Family Proceedings Rules 1991

3.  After rule 2.45 insert—

“Application under section 10A(2) of the Act of 1973

2.45A.— (1) This rule applies to an application under section 10A(2) of the Act of 1973 for an order that the decree of divorce is not to be made absolute until a declaration made by both parties that they have taken such steps as are required to dissolve the marriage in accordance with the relevant religious usages is produced to the court.

(2) Paragraphs (3) and (5) of rule 2.42 shall apply to an application under this rule as they apply to an application under that rule.

(3) The application shall be supported by an affidavit setting out the grounds on which the applicant seeks the order and a copy of the affidavit shall be served with the notice on the other parties.

Order under section 10A(2) of the Act of 1973

2.45B.— (1) Where the court has made an order under section 10A(2) of the Act of 1973 the declaration referred to in that section shall—

(a) be made and signed by both parties;

(b) give particulars of the proceedings in which the order under section 10A(2) of the Act of 1973 was obtained;

(c) confirm that steps as are required to dissolve the marriage in accordance with the religious usages, appropriate to the parties, referred to in section 10A(1)(a) of the Act of 1973 have been taken;

(d) unless the court orders otherwise, be accompanied by a certificate from a relevant religious authority that all such steps have been taken; and

(e) be filed at the court either before or together with an application to make the decree absolute under rules 2.49 or 2.50.

(2) For the purposes of paragraph (1)(d), a religious authority is “relevant” if the party who made the application for the order under section 10A(2) of the Act of 1973 considers that authority competent to confirm that the steps referred to in paragraph (1)(c) have been taken.

(3) Where the certificate referred to in paragraph (1)(d) is not in English the declaration must also be accompanied by a translation of that certificate into English, certified by a notary public or authenticated by affidavit.

(4) If the court dispenses with the need for a certificate under paragraph (1)(d), it may direct the parties to file other documents showing that the relevant steps have been taken and may refuse to make the decree absolute until that direction has been complied with.”.