The Family Proceedings Rules 1991

Application for alteration of maintenance agreement during lifetime of parties

3.2—(1) An application under section 35 of the Act of 1973(1)for the alteration of a maintenance agreement shall be made by originating application containing, unless otherwise directed, the information required by Form M21.

(2) The application may be made to any divorce county court and may be heard and determined by the district judge.

(3) There shall be filed with the application an affidavit by the applicant exhibiting a copy of the agreement and verifying the statements in the application and also a copy of the application and of the affidavit for service on the respondent.

(4) A copy of the application and of the affidavit referred to in paragraph (3) shall be served on the respondent, together with a notice in Form M20 with Form M6 attached.

(5) The respondent shall, within 14 days after the time limited for giving notice of intention to defend, file an affidavit in answer to the application containing full particulars of his property and income and, if he does not do so, the court may order him to file an affidavit containing such particulars.

(6) A respondent who files an affidavit under paragraph (5) shall at the same time file a copy which the proper officer shall serve on the applicant.

(1)

Section 35 was amended by the Matrimonial and Family Proceedings Act 1984 (c. 42), Schedule 1, paragraph 13.