The Family Procedure Rules 2010 No. 2955 (L. 17)

PART 8 E+W PROCEDURE FOR MISCELLANEOUS APPLICATIONS

CHAPTER 6 E+W APPLICATION FOR PERMISSION TO APPLY FOR A FINANCIAL REMEDY AFTER OVERSEAS PROCEEDINGS

Scope of this Chapter E+W

8.23.  Subject to rule9.26(6), the rules in this Chapter apply to an application for permission to apply for a financial remedy under section 13 of the 1984 Act and paragraph 4 of Schedule 7 to the 2004 Act. (Rule 9.26(6) enables the application for permission to apply for a financial remedy under section 13 of the 1984 Act or paragraph 4 of Schedule 7 to the 2004 Act to be heard at the same time as the application for a financial remedy under Part 3 of the 1984 Act or Schedule 7 to the 2004 Act where that application is an application for a consent order.)

[F1 How to start proceedings E+W

8.24.   The application must be made in accordance with the Part 18 procedure.]

Textual Amendments

F1 Rule 8.24 substituted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 19 (with rule 137); S.I. 2014/954, art. 2

Application F2 ... without notice E+W

8.25.—(1) The court may grant an application made without notice if it appears to the court that there are good reasons for not giving notice.

(2) If the applicant makes an application without giving notice, the applicant must state the reasons why notice has not been given.

Textual Amendments

F2 Words in rule 8.25 heading omitted (6.4.2015) by virtue of The Family Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/3296), rules 1(3), 7 (with rule 15)

Notification of hearing date E+W

8.26.  The court officer must—

(a) fix a date, time and place for the hearing of the application F3 ...; and

(b) give notice of the date of the hearing to the applicant.

Textual Amendments

F3 Words in rule 8.26(a) omitted (6.4.2015) by virtue of The Family Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/3296), rules 1(3), 8 (with rule 15)

Hearings to be in private unless the court directs otherwise E+W

8.27.  An application under this Chapter must be heard in private unless the court directs otherwise.

Direction that application be dealt with by a district judge of the principal registry E+W

8.28.   [F4 In the High Court, if] the application is granted, the judge may direct that the application for a financial remedy under Part 3 of the 1984 Act or Schedule 7 to the 2004 Act may be heard by a district judge of the principal registry.

Textual Amendments

F4 Words in rule 8.28 substituted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 20 (with rule 137); S.I. 2014/954, art. 2