First Schedule ORDINARY CAUSE RULES 1993
Special provisions in relation to particular causes
CHAPTER 33 FAMILY ACTIONS
PART VII FINANCIAL PROVISION AFTER OVERSEAS DIVORCE OR ANNULMENT
Interpretation of this Part
33.54.
In this Part—
“the Act of 1984” means the M1Matrimonial and Family Proceedings Act 1984;
“order for financial provision” has the meaning assigned in section 30(1) of the Act of 1984;
“overseas country” has the meaning assigned in section 30(1) of the Act of 1984.
Applications for financial provision F1after overseas divorce or annulment
33.55.
(1)
An application under M2section 28 of the Act of 1984 for an order for financial provision after a divorce or annulment in an overseas country shall be made by initital writ.
(2)
An application for an order in an action to which paragraph (1) applies made before final decree under—
(a)
section 13 of the M3Act of 1981(transfer of tenancy of matrimonal home),
(b)
section 29(4) of the Act of 1984 for interim periodical allowance, or
(c)
section 14(4) of the Act of 1985 (variation or recall of incidental order),
shall be made by motion.
(3)
An application for an order in an action to which paragraph (1) applies made after final decree under—
(a)
section 12(4) of the Act of 1985 (variation of date or method of payment of capital sum or date of transfer of property),
(b)
section 13(4) of the Act of 1985 (variation, recall, backdating or conversion F2of periodical allowance), or
(c)
section 14(4) of the Act of 1985 (variation or recall of incidental order),
shall be made by minute in the process of the action to which the application relates.
F3(4)
An application under–
(a)
paragraph (5) of section 12A of the Act of 1985 (recall or variation of order in respect of a pension lump sum), or
(b)
paragraph (7) of that section (variation of order in respect of pension lump sum to substitute trustees or managers),
shall be made by minute in the process of the action to which the application relates.
F4(5)
Where a minute has been lodged under paragraph (3), any party may apply by motion for an interim order pending the determination of the application.