This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
(This note is not part of the Rules)
Rules 2(a), 3 and 4 amend the Family Proceedings Rules to give effect to the provisions of the Divorce (Religious Marriages) Act 2002.
That Act amends the Matrimonial Causes Act 1973 by providing that parties married in accordance with the usages of the Jews, or such other religious usages as may be prescribed, may make an application to the court that a decree of divorce is not to be made absolute until the formalities for obtaining a religious divorce have been completed. The parties will then be required to submit a declaration in the form specified in these Rules before a decree absolute is made.
Rule 3 inserts rule 2.45A and 2.45B. Rule 2.45A provides that the application will be made on notice to the other party and will require a supporting affidavit. Rule 2.45B provides for the arrangements for the declaration that the religious formalites have been completed. Rule 4 amends rule 2.49 to provide that the court records must be checked to ensure that any order made in respect of a religious divorce has been complied with.
Rules 2(b) and (c), 6, 7 and 8 repeal rules 2.69A and 2.69C of the Family Proceedings Rules 1991.
Rule 5 makes an amendment to permit a district judge at a first appointment for ancillary relief to make more than one of the directions listed where it is decided that a referral to a FDR appointment is not appropriate.
Rule 9 requires additional information to be stated in the annex where provision is made in respect of pension sharing and pension attachment under the Matrimonial Causes Act 1973.
Rule 10 makes a change to the prescribed officer for the purposes of an application for a declaration of parentage under section 55A of the Family Law Act 1986.
Rules 11 to 13 make various amendments to the procedure for judgment summonses in rule 7.4 to 7.6 of the Family Proceedings Rules 1991 following the Court of Appeal’s judgment in Mubarak v Mubarak. Rule 18 makes consequential amendments to Form M17.
Rule 14 amends rule 8.1(3) of the Family Proceedings Rules 1991 following the Court of Appeal’s judgment in Cordle v Cordle.
Rules 2(d), 12, 15, 16 and 20 amend the Family Proceedings Rules 1991 to provide for the assessment of costs in family proceedings. They incorporate into the Family Proceedings Rules 1991 a provision previously in the Family Proceedings (Miscellaneous Amendments) Rules 1999, to the effect that Rules 43, 44, 47 and 48 of the Civil Procedure Rules 1998 apply with certain modifications to the assessment of costs in family proceedings. They further provide that, as in civil proceedings generally, an appeal arising out of the assessment of costs is dealt with:
(a)under rules 47.20 to 47.23 of the Civil Procedure Rules 1998 as at present, where the appeal is against a decision of an authorised costs officer; and
(b)under Part 52 of those Rules, otherwise.
In either case the appeal is made subject to the Civil Procedure Rules 1998 rather than to the Rules of the Supreme Court or the County Court Rules. Appeals dealt with under Part 52 lie from a district judge or other officer of the court to a judge of the same court.
Rule 19 provides for a new Form C to be substituted into Appendix 1A of the Family Proceedings Rules 1991.
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.
