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 (The Family Court (Composition and Distribution of Business) Rules 2014 make provision in relation to the allocation of the proceedings to which this Chapter applies to a specified level of judge in the family court.)]

Textual Amendments

F1 Words in rule 8.23 inserted (7.8.2017) by The Family Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/741), rules 1(1), 3

[F2 How to start proceedings E+W

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

Textual Amendments

F2 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

[F3 Application without notice E+W

8.25.— (1) The application must be made without notice to the respondent.

(2) Subject to paragraph (3), the court must determine the application without notice.

(3) The court may direct that the application be determined on notice to the respondent if the court considers that to be appropriate.]

Textual Amendments

F3 Rule 8.25 substituted (7.8.2017) by The Family Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/741), rules 1(1), 4

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 F4 ...; and

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

Textual Amendments

F4 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

F5 8.28.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Rule 8.28 omitted (7.8.2017) by virtue of The Family Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/741), rules 1(1), 5