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The Matrimonial and Family Proceedings (Northern Ireland) Order 1989


This is the original version (as it was originally made).

Supplementary provisions as to declarations

36.—(1) Any declaration made under this Part, and any application for such a declaration, shall be in the form prescribed by rules of court.

(2) Rules of court may make provision—

(a)as to the information required to be given by any applicant for a declaration under this Part;

(b)as to the persons who are to be parties to proceedings on an application under this Part;

(c)requiring notice of an application under this Part to be served on the Attorney-General.

(3) No proceedings under this Part shall affect any final judgment or decree already pronounced or made by any court of competent jurisdiction.

(4) The court hearing an application under this Part may direct that the whole or any part of the proceedings shall be heard in camera, and an application for a direction under this paragraph shall be heard in camera unless the court otherwise directs.

(5) In this Article and Article 37(2) “rules of court”—

(a)in relation to an application or declaration under Article 31, means matrimonial causes rules made under Article 54 of the principal Order;

(b)in relation to any other application made to, or declaration made by, the High Court, means rules of court within the meaning of section 21(4) of the Interpretation Act (Northern Ireland) 1954(1);

(c)in relation to any other application made to, or declaration made by, the county court, means county court rules within the meaning of section 21(5) of that Act.

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