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

Amendments to the 1991 Rules

62.  In rule 3.6—

(a) in the heading, at the end insert “or section 66 of Act of 2004”;

(b) in paragraph (1)—

(i) omit the words in brackets; and

(ii) after “1882” insert “or under section 66 of the Act of 2004”;

(c) for paragraph (2) substitute—

“(2) An order—

(a) in a matrimonial cause, under section 17, and

(b) in a civil partnership cause, under section 66,

may be made in any ancillary relief proceedings upon the application of any party thereto by notice of application or summons.”;

(d) in paragraph (3)—

(i) after “section 17” insert “or section 66”;

(ii) in sub-paragraph (a), after “sub-paragraph (b)” insert “and (c)”;

(iii) for sub-paragraph (b) substitute—

“(b) in the case of an application under section 17, in the divorce county court in which any pending matrimonial cause has been commenced by or on behalf of either the applicant or the respondent or in which any matrimonial cause is intended to be commenced by the applicant, and

(c) in the case of an application under section 66, in the civil partnership proceedings county court in which any pending civil partnership cause has been commenced by or on behalf of either the applicant or the respondent or in which any civil partnership cause is intended to be commenced by the applicant.”;

(e) in paragraphs (9) and (11), after “section 17”, each time it appears, insert “or under section 66”;

(f) for paragraph (10) substitute—

“(10) Paragraphs (7) and (9) of Appendix 4 shall apply to an application under section 17 or under section 66.”; and

(g) after paragraph (11) insert—

“(12) In this rule and in rule 3.7—

(a) a reference to section 17 is to section 17 of the Married Women’s Property Act 1882; and

(b) a reference to section 66 is to section 66 of the Act of 2004.”.