Textual Amendments
F1Sch. 5 title substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 177; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
46(1)Sub-paragraph (2) applies if an application for a dissolution, nullity or separation order has been made.E+W
(2)Subject to sub-paragraph (3), proceedings for—
(a)an order under Part 1 (financial provision on dissolution etc.),
(b)a property adjustment order, or
(c)an order under Part 8 (maintenance pending outcome of dissolution, nullity or separation proceedings),
may be begun (subject to and in accordance with rules of court) at any time after the presentation of the application.
(3)Rules of court may provide, in such cases as may be prescribed by the rules, that—
(a)an application for any such relief as is mentioned in sub-paragraph (2) must be made in the application or response, and
(b)an application for any such relief which—
(i)is not so made, or
(ii)is not made until after the end of such period following the presentation of the application or filing of the response as may be so prescribed,
may be made only with the leave of the court.
Commencement Information
I1Sch. 5 para. 46 wholly in force at 5.12.2005; Sch. 5 para. 46 not in force at Royal Assent see s. 263; Sch. 5 para. 46(2) in force for certain purposes and Sch. 5 para. 46(3) in force at 15.4.2005 by S.I. 2005/1112, art. 2, Sch. 1 and Sch. 5 para. 46 in force otherwise at 5.12.2005 by S.I. 2005/3175, art. 2(1), Sch. 1