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The Family Proceedings Courts (Matrimonial Proceedings etc.) Rules 1991

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Application under section 7

18.  –

(1) Where, under subsection (4) of section 7 of the Act, a court decides to treat an application under section 7 as if it were an application for an order under section 2 of the Act, the court shall indicate orally which of grounds (a) and (b) in that subsection it considers applicable and a memorandum of the decision and the grounds therefor shall be entered in the court’s register.

(2) Where a court decides as aforesaid and the respondent is not then present or represented in court, or the respondent or his representative does not then agree to the continuance of the hearing, the court shall adjourn the hearing and the justices' clerk shall serve notice of the decision and the grounds therefor on the respondent in the appropriate form in Schedule 1 to these Rules.

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