9.4. An application for a financial order may be made—
(a)in an application for a matrimonial or civil partnership order; or
(b)at any time after an application for a matrimonial or civil partnership order has been made.
9.5.—(1) An application for a financial remedy must be filed—
(a)if there are proceedings for a matrimonial order or a civil partnership order which are proceeding in a designated county court, in that court; or
(b)if there are proceedings for a matrimonial order or a civil partnership order which are proceeding in the High Court, in the registry in which those proceedings are taking place.
(2) In any other case, in relation to the application set out in column 1 of the following table, column 2 sets out where the application must be filed.
| Provision under which application is made | Court where application must be filed |
|---|---|
| Section 27 of the 1973 Act(1). | Divorce county court. |
| Part 9 of Schedule 5 to the 2004 Act. | Civil partnership proceedings county court. |
| Part 3 of the 1984 Act. | Principal Registry or, in relation to an application for a consent order, a divorce county court. |
| Schedule 7 to the 2004 Act. | Principal Registry or, in relation to an application for a consent order, a civil partnership proceedings county court. |
| Section 35 of the 1973 Act(2). | High Court, a divorce county court or a magistrates’ court. |
| Paragraph 69 of Schedule 5 to the 2004 Act. | High Court, a civil partnership proceedings county court or a magistrates’ court. |
| Schedule 1 to the 1989 Act. | High Court, designated county court or a magistrates’ court. |
| Part 1 of the 1978 Act. | magistrates’ court. |
| Schedule 6 to the 2004 Act. | magistrates’ court. |
(3) An application for a financial remedy under Part 3 of the 1984 Act or Schedule 7 to the 2004 Act which is proceeding in the High Court must be heard by a judge, but not a district judge, of that court unless a direction has been made that the application may be heard by a district judge of the principal registry.
(Rule 8.28 enables a judge to direct that an application for a financial remedy under Part 3 of the 1984 Act or Schedule 7 to the 2004 Act may be heard by a district judge of the principal registry.)
9.6.—(1) The Part 18 procedure applies to an application for an order preventing a disposition.
(2) An application for an order preventing a disposition may be made without notice to the respondent.
(“Order preventing a disposition” is defined in rule 9.3.)
9.7.—(1) A party may apply at any stage of the proceedings for—
(a)an order for maintenance pending suit;
(b)an order for maintenance pending outcome of proceedings;
(c)an order for interim periodical payments;
(d)an interim variation order; or
(e)any other form of interim order.
(2) The Part 18 procedure applies to an application for an interim order.
(3) Where a party makes an application before filing a financial statement, the written evidence in support must—
(a)explain why the order is necessary; and
(b)give up to date information about that party’s financial circumstances.
(4) Unless the respondent has filed a financial statement, the respondent must, at least 7 days before the court is to deal with the application, file a statement of his means and serve a copy on the applicant.
(5) An application for an order mentioned in paragraph (1)(e) may be made without notice.
9.8.—(1) This rule applies where there are matrimonial proceedings and—
(a)a decree nisi of divorce or nullity of marriage has been made;
(b)at or after the date of the decree nisi an order for maintenance pending suit is in force; and
(c)the spouse in whose favour the decree nisi was made has made an application for an order for periodical payments.
(2) The spouse in whose favour the decree nisi was made may apply, using the Part 18 procedure, for an order providing for payments at the same rate as those provided for by the order for maintenance pending suit.
9.9.—(1) This rule applies where there are civil partnership proceedings and—
(a)a conditional order of dissolution or nullity of civil partnership has been made;
(b)at or after the date of the conditional order an order for maintenance pending outcome of proceedings is in force;
(c)the civil partner in whose favour the conditional order was made has made an application for an order for periodical payments.
(2) The civil partner in whose favour the conditional order was made may apply, using the Part 18 procedure, for an order providing for payments at the same rate as those provided for by, the order for maintenance pending the outcome of proceedings.
Section 27 was amended by sections 4 and 46(1) of and paragraph 13 of Schedule 1 to the Matrimonial and Family Proceedings Act 1984 and section 63(1), (2), (3), (4) and (5) as substituted by section 33(1) of and paragraph 52 of Schedule 2 to the Family Law Reform Act 1987 (c.42) and section 89(2)(b) and Schedule 3 to the Domestic Proceedings and Magistrates’ Courts Act 1978 and section 66(1) of and paragraph 13(2), (3), and (4) of Schedule 8 to the Family Law Act 1996 and section 6(1) of the Domicile and Matrimonial Proceedings Act 1973.
Section 35 was amended by section 46(1) of and paragraph 13 of Schedule 1 to the Matrimonial and Family Proceedings Act 1984 and by section 109(1) of and paragraph 169 of Schedule 8 to the Courts Act 2003 and section 261(1) of and paragraph 44 of Schedule 27 to the Civil Partnership Act 2004 and section 66(1) of and paragraph 20 of Schedule 8 to the Family Law Act 1996.