The Family Procedure (Amendment) Rules 2015
Citation and commencement
1.
These Rules may be cited as the Family Procedure (Amendment) Rules 2015 and come into force on 1st July 2015.
Amendments to the Family Procedure Rules 2010
2.
3.
4.
5.
(a)
in paragraph (1)—
(i)
in sub-paragraph (a)—
(aa)
for “section 12(g)” substitute “section 12(1)(g)”; and
(bb)
omit “or” the second time it occurs;
(ii)
“(aa)
nullity of marriage under section 12A(3) of the 1973 Act in a case where section 12(1)(g) of the 1973 Act applies; or”;
(b)
“(a)
the application is for—
(i)
a decree of nullity of marriage under section 12(1)(h) of the 1973 Act;
(ii)
a decree of nullity of marriage under section 12A(3) of the 1973 Act in a case where section 12(1)(h) of the 1973 Act applies ; or
(iii)
an order of nullity of civil partnership under section 50(1)(e) of the 2004 Act; and”; and
(c)
“(In relation to paragraphs (1)(aa), (3)(a) and (4)(a)(ii), section 9(6) of the Marriage (Same Sex Couples) Act 20137 provides that where a civil partnership is converted into a marriage, the civil partnership ends on the conversion, and the resulting marriage is to be treated as having subsisted since the date the civil partnership was formed.)”.
6.
(a)
“(11)
Paragraph (11A) applies where—
(a)
the application is for—
(i)
nullity of marriage under section 12(1)(d) of the 1973 Act;
(ii)
nullity of marriage under section 12A(3) of the 1973 Act in a case where section 12(1)(d) of the 1973 Act applies ; or
(iii)
nullity of civil partnership under section 50(1)(b) of the 2004 Act; and
(b)
the respondent files an answer containing no more than a simple denial of the facts stated in the application.
(11A)
The respondent must, if intending to rebut the matters stated in the application, give notice to the court of that intention when filing the answer.”; and
(b)
“(In relation to paragraph (11)(a)(ii), section 9(6) of the Marriage (Same Sex Couples) Act 2013 provides that where a civil partnership is converted into a marriage, the civil partnership ends on the conversion, and the resulting marriage is to be treated as having subsisted since the date the civil partnership was formed.)”.
7.
(a)
in sub-paragraph (a)—
(i)
for “section 12(g)” substitute “section 12(1)(g)”; and
(ii)
omit “or” the second time it occurs; and
(b)
“(aa)
a decree of nullity of marriage under section 12A(3) of the 1973 Act in a case where section 12(1)(g) of the 1973 Act applies; or”.
8.
“(2)
In the case of a hearing following a direction under rule 7.20(2)(a), a party will not be heard unless that party has, not less than 14 days before the hearing—
(a)
given written notice to the court of that party’s intention to attend the hearing and apply for, or oppose the making of, an order for costs; and
(b)
served that notice on every other party.
(3)
On receipt of such a written notice, the court may make such directions in relation to the hearing as it sees fit.”.
9.
(a)
for “section 12(g)” substitute “section 12(1)(g)”;
(b)
after “1973 Act” insert “, or was made under section 12A(3) of the 1973 Act in a case where section 12(1)(g) of the 1973 Act applies”; and
(c)
in paragraph (i), after “Gender Recognition Act 2004” insert “, or an application under section 8(5A) of that Act,”.
10.
Omit rule 11.11 (orders containing provisions to which a power of arrest is attached).
11.
“Service of an order on the officer for the time being in charge of a police station11.12.
(1)
Where the court makes a forced marriage protection order a copy of the order must be delivered to the officer for the time being in charge of—
(a)
the police station for the address of the person who is the subject of the proceedings; or
(b)
such other police station as the court may specify.
(2)
A copy of the order delivered under paragraph (1) must be accompanied by a statement showing that the respondent(s) has been served with the order or informed of its terms (whether by being present when the order was made or by telephone or otherwise).
(3)
The documents referred to in paragraphs (1) and (2) must be delivered by—
(a)
the applicant; or
(b)
the court officer, where the order was served following a request under rule 11.7(4).
(4)
Where an order is made varying, extending or discharging a forced marriage protection order the court officer must—
(a)
immediately inform—
(i)
the officer who received a copy of the order under paragraph (1); and
(ii)
if the address of the person who is the subject of the proceedings has changed, the officer for the time being in charge of the police station for the new address; and
(b)
deliver a copy of the order made varying, extending or discharging a forced marriage protection order, together with a copy of the order referred to in paragraph (1) to any officer so informed.”.
12.
In rule 29.6 (documents in proceedings concerning gender recognition)—
(a)
in paragraph (1)—
(i)
in sub-paragraph (a)—
(aa)
for “section 12(g) or (h)” substitute “section 12(1)(g) or (h)”; and
(bb)
omit “or” the third time it occurs; and
(ii)
“(aa)
section 12A(3) of the 1973 Act in a case where section 12(1)(g) or (h) of the 1973 Act applies; or”; and
(b)
“(In relation to paragraph (1)(aa), section 9(6) of the Marriage (Same Sex Couples) Act 2013 provides that where a civil partnership is converted into a marriage, the civil partnership ends on the conversion, and the resulting marriage is to be treated as having subsisted since the date the civil partnership was formed.)”.
13.
“(b)
send to the Lord Chancellor—
(i)
the information and documents relating to the registration;
(ii)
a certificate of arrears, if applicable, signed by the court officer;
(iii)
a statement giving such information as the court officer possesses as to the whereabouts of the payer and the nature and location of the payer’s assets; and
(iv)
any other relevant documents which the court officer has relating to the case.
(Practice Direction 34E makes further provision on this matter.)”.
Transitional provision
14.
(1)
Subject to paragraph (2), the Family Procedure Rules 2010 as amended by these Rules apply from the date these Rules come into force to any proceedings which were commenced but not disposed of before that date, as they apply to proceedings commenced after that date.
(2)
In any proceedings which were commenced but not disposed of before these Rules came into force, the court may give any directions for the purpose of ensuring that the proceedings are dealt with fairly and, in particular, may—
(a)
apply any provision in rules of court which applied to the proceedings before these Rules came into force; or
(b)
disapply provisions of the Family Procedure Rules 2010 as amended by these Rules.
I allow these Rules
These Rules amend the Family Procedure Rules 2010 (S.I. 2010/2955) (“the FPR”).
Rules 3 to 7, 9(a) and (b) and 12 make amendments to the FPR which are consequential upon the coming into force of section 12A of the Matrimonial Causes Act 1973 (c.18), which makes provision in respect of the grounds on which a marriage converted from a civil partnership (under section 9 of the Marriage (Same Sex Couples) Act 2013 (c.30)) is void or voidable.
Rule 8 amends rule 7.21 of the FPR to change the period of notice to be given under that rule to not less than 14 days and to require notice to be given to the court, as well as to be served on every other party.
Rule 9(c) amends the FPR in consequence of the coming into force of section 8(5A) of the Gender Recognition Act 2004 (c.7), which was inserted by the Marriage (Same Sex Couples) Act 2013, and which makes provision for a spouse to apply to quash a decision to issue an interim gender recognition certificate on the grounds that its grant was secured by fraud.
Rules 10 and 11 make amendments to the FPR which are consequential upon the coming into force of section 63CA of the Family Law Act 1996 (c.27), which provides for an offence of breaching a forced marriage protection order.
Rule 13 makes a minor tidying amendment to rule 34.36 of the FPR, in consequence of an earlier amendment which omitted paragraph (2) to rule 34.35 of the FPR.
Rule 14 makes transitional provision.
No impact assessment has been produced for this instrument because no, or minimal, impact is anticipated to result from its provisions.