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PART 8PROCEDURE FOR MISCELLANEOUS APPLICATIONS

CHAPTER 3APPLICATION FOR ALTERATION OF MAINTENANCE AGREEMENT AFTER DEATH OF ONE PARTY

Where to start proceedings

8.7.—(1) The application may be made in the High Court or a county court.

(2) Where the application is made in a county court it must be made in the divorce county court or civil partnership proceedings county court for the district in which—

(a)the deceased resided at the time of death; or

(b)if the deceased did not reside in England and Wales at the time of death—

(i)the respondent or one of the respondents resides or carries on business; or

(ii)where the respondent is the personal representative of the deceased, the deceased’s estate is situated; or

(c)if neither (a) nor (b) applies—

(i)the applicant resides or carries on business; or

(ii)where the applicant is the personal representative of the deceased, the deceased’s estate is situated.