The Family Proceedings (Amendment) (No. 5) Rules 2005

Amendments to the 1991 Rules

25.  After rule 2.27 insert—

“Stay under the Family Proceedings (Civil Partnership: Staying of Proceedings) Rules 2005

2.27AA.— (1) An application to the court by the petitioner or respondent in proceedings for a dissolution order for an order under rule 3 of the Family Proceedings (Civil Partnership: Staying of Proceedings) Rules 2005(1) (in this rule referred to as the “Staying of Proceedings Rules”) shall be made to the district judge, who may determine the application or refer the application, or any question arising thereon, to a judge for his decision as if the application were an application for ancillary relief.

(2) An application for an order under rule 4 of the Staying of Proceedings Rules shall be made to a judge.

(3) Where, on giving directions for trial, it appears to the district judge from any information given pursuant to paragraph 1(j) of Appendix 2 or rule 2.15(4) or paragraph (5) of this rule that any proceedings which are in respect of the civil partnership in question or which are capable of affecting its validity or subsistence are continuing in any country outside England and Wales and he considers that the question whether the proceedings on the petition should be stayed under rule 4 of the Staying of Proceedings Rules ought to be determined by the court, he shall fix a date, time and place for the consideration of that question by a judge and give notice thereof to all parties.

(4) In paragraph (3), the reference to “proceedings continuing in any country outside England and Wales” has the same meaning as in paragraph 1(j) of Appendix 2.

(5) Any party who makes a request for directions for trial in civil partnership proceedings within the meaning of rule 1(2) of the Staying of Proceedings Rules shall, if there has been a change in the information given pursuant to paragraph 1(j) of Appendix 2 and rule 2.15(4), file a statement giving particulars of the change.

(6) An application by a party to the proceedings for an order under rule 5 of the Staying of Proceedings Rules may be made to the district judge, and he may determine the application or may refer the application, or any question arising thereon, to a judge as if the application were an application for ancillary relief.”.

(1)

S.I. 2005/.2921