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

Amendments to the 1991 Rules

41.  In rule 2.49—

(a) in the heading, after “Decree absolute” insert “or final order”;

(b) for paragraph (1) substitute—

“(1) Subject to rule 2.50(1) an application by—

(a) a spouse to make absolute a decree nisi pronounced in his favour, or

(b) a civil partner to make final a conditional order made in his favour,

may be made by lodging with the court a notice in Form M8.”;

(c) in paragraph (2)—

(i) in sub-paragraphs (a) and (b), after “decree”, wherever it appears insert “or the conditional order”;

(ii) in sub-paragraph (e), at the beginning of the sub-paragraph, insert “if the cause is a matrimonial cause,”

(iii) after sub-paragraph (e), insert—

“(ea) if the cause is a civil partnership cause, that the court has complied with section 63(1) of the Act of 2004 and has not given any direction under section 63(2);”;

(iv) in sub-paragraph (f), after “decree” insert “or the conditional order, as the case may be”;

(v) in sub-paragraph (g), at the beginning of the sub-paragraph insert “if the cause is a matrimonial cause,”;

(vi) after sub-paragraph (g) insert—

“(ga) if the cause is a civil partnership cause, that the provisions of section 48(2) to (5) of the Act of 2004 do not apply or have been complied with;”;

(vii) in sub-paragraph (i), after “the Act of 1973” insert “or the conditional order was made on the ground in section 50(1)(d) of the Act of 2004, as the case may be”;

(viii) after “the district judge shall make the decree absolute” insert “the district judge shall make the decree absolute or the conditional order final”;

(ix) in the part of paragraph (2) which begins “Provided that”, after “decree nisi”, wherever it appears, insert “or the conditional order”;

(x) after “(c)”, the second time it appears, insert “if the cause is a matrimonial cause,”; and

(xi) at the end of paragraph (c), insert—

“or

(d) if the cause is a civil partnership cause, stating whether either of the civil partners has, or whether the applicant has reason to believe that the respondent has, given birth to any child since the conditional order and, if so, stating the relevant facts and whether or not it is alleged that the child is or may be a child of the family;”.