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We, the Family Proceedings Rules Committee, in exercise of the powers conferred on us by Article 12 of the Family Law (Northern Ireland) Order 1993[1] hereby with the concurrence of the Lord Chancellor, make the following Rules: Citation, commencement and interpretation 1. —(1) These Rules may be cited as the Family Proceedings (Amendment No. 2) Rules (Northern Ireland) 2005 and shall come into operation on 5th December 2005. (2) In these Rules a reference to a rule or Appendix by number alone is a reference to the rule or Appendix so numbered in the Family Proceedings Rules (Northern Ireland) 1996[2] ("the 1996 Rules") and a form referred to by letter and number means the form so designated in Appendix 1 to those Rules. Amendment to the 1996 Rules 2. In the Arrangement of Rules—
(b) after the entry relating to rule 2.6 insert—
“2.6A.
Petition for nullity on ground of issue of interim gender recognition certificate.
2.14B. Answer praying for decree of nullity on ground that petitioner's gender had become acquired gender at time or marriage or civil partnership";
2.54B. Application under section 6 of the Gender Recognition Act 2004[3]";
(jj) in the entry relating to rule 8.42 (Enforcement of judgments in other Contracting States), for "Enforcement" substitute "Recognition or enforcement"; and (kk) after the entry relating to rule 8.43 insert—
8.45. Registration of a certificate issued under Article 41 of the Council Regulation; 8.46. Application by a party for transfer of proceedings to a court of another Member State; 8.47. Application by a court of another Member State for transfer of proceedings; 8.48. Rectification of a certificate issued under Article 41 of the Council Regulation".
3.
In rule 1.3 (Interpretation)—
(b) in civil partnership proceedings, an order under paragraph 67(3) or (4) of Schedule 15 to the Act of 2004;";
(b) a civil partnership cause under the Act of 2004;";
(b) in civil partnership proceedings, an order under paragraph 59 of Schedule 15 to the Act of 2004;";
(b) a civil partnership proceedings county court, or (c) both a divorce county court and a civil partnership proceedings county court;";
(b) in civil partnership proceedings, any of the orders mentioned in paragraph 2(1) of Schedule 15 to the Act of 2004, made under Part I of Schedule 15 to that Act;";
(b) in civil partnership proceedings, the meaning assigned to it by paragraph 67 of Schedule 15 to the Act of 2004;";
(b) in civil partnership proceedings, any of the orders mentioned in paragraph 7(1) of Schedule 15 to the Act of 2004;";
(bb) after "decree", the second time it appears, insert "or civil partnership order";
(xviii) for the definition of "variation order" substitute—
(b) in civil partnership proceedings, an order under Part 10 of Schedule 15 to the Act of 2004;";
(b) in paragraph (2), for "decree or order has been pronounced or made on the petition" substitute—
(b) in civil partnership proceedings, be construed as references to a civil partnership proceedings county court."; and
(d) after paragraph (6) insert—
(b) a reference to a final order is a reference to such an order which has been made final.".
4.
In the heading for Part II, after "Matrimonial Causes" insert "and Civil Partnership Causes".
(ii) after "nullity" insert "of marriage or civil partnership"; and (iii) after "date of the marriage" insert "or formation of the civil partnership"; and
(b) in paragraph (2)—
(ii) in sub-paragraph (b), after "the Order of 1978" insert "or section 175(3) of the Act of 2004".
6.
In rule 2.3 (Cause to be begun by petition)—
(b) in paragraph (2)—
(ii) after "judicial separation" insert ", or for dissolution, nullity of civil partnership or separation,".
7.
In rule 2.6 (Presentation of petition)—
(b) in a civil partnership cause, to the High Court or, other than a petition under section 178 of the Act of 2004, to any civil partnership proceedings county court.";
(b) in paragraph (2), after "marriage" insert "or civil partnership";
(ii) for "disposed of by a final order" substitute "finally disposed of";
(d) after paragraph (3) insert—
Provided that no such leave shall be required where it is proposed, after the expiration of the period of 2 years from the date of the civil partnership, to present a petition for dissolution alleging such of the facts mentioned in section 168(5) of the Act of 2004 as were alleged in a petition for separation presented before the expiration of that period.";
(ii) in a civil partnership cause, in Form M5A with Form M6A attached,"; and
(f) for paragraph (6) substitute—
(b) enter the cause in the appropriate records, and (c) annex to every copy of the petition for service a notice in Form M5 with Form M6 attached or in Form M5A with Form M6A attached, as the case may be,
and shall also annex to the copy petition for service on a respondent the copy of any statement and report filed pursuant to paragraph (4) of this rule.".
8.
After rule 2.6 insert—
2.6A. —(1) This rule applies to a petition—
(b) for nullity of civil partnership under section 174(1)(d) of the Act of 2004.
(2) The petitioner shall file with his petition a copy of an interim gender recognition certificate issued to him or to the respondent, as the case may be, unless otherwise directed on an application made ex parte.
(ii) the last address at which the parties to the marriage lived together as husband and wife;
(b) in a civil partnership cause—
(ii) the last address at which the parties to the civil partnership lived together as civil partners of each other; and
(c) in any case, such further particulars as the proper officer or chief clerk, as the case may be, considers appropriate.
Petition for nullity on ground that respondent's gender had become acquired gender at time of marriage or civil partnership
9.
In rule 2.7 (Conciliation), in paragraph (1)—
(b) in sub-paragraph (b), after "the Order of 1978" insert "or section 186 of the Act of 2004"; and (c) after "to the marriage" insert "or civil partnership".
10.
In rule 2.9 (Service of petition), in paragraph (1), after "Form M5 with Form M6 attached" insert "or in Form M5A with Form M6A attached, as the case may be,".
2.10A. —(1) This rule applies where a petition for nullity of marriage is brought under—
(b) Article 14(h) of the Order of 1978 and a full gender recognition certificate has been issued to the respondent.
(2) This rule also applies where a petition for nullity of civil partnership is brought under—
(b) section 174(1)(e) of the Act of 2004 and a full gender recognition certificate has been issued to the respondent.
(3) Where the respondent returns an acknowledgement of service in Form M6 or Form M6A, as the case may be, to the court office, he shall file with it a copy of that interim certificate or that full certificate, as the case may be, unless otherwise directed on an application made ex parte.".
12.
In rule 2.10 (Proof of service), in paragraph (1)(a), after "Form M6" insert "or Form M6A".
(b) in paragraph (1), after "decree", in each place it appears, insert "or civil partnership order"; (c) in paragraph (2)—
(ii) for "none of the other facts mentioned in Article 3(2) of the Order of 1978" substitute "no other relevant fact"; and
(d) after paragraph (2) insert—
(b) in a civil partnership cause, one of the facts mentioned in section 168(5) of the Act of 2004.".
15.
In rule 2.14 (Filing of answer to petition)—
(ii) after "decree" insert "or civil partnership order";
(b) in paragraph (3), after "the Order of 1978" insert "or under section 174(1)(b) of the Act of 2004"; and
16.
After rule 2.14 insert—
2.14A. —(1) This rule applies to an answer under rule 2.14(1) which prays for—
(b) an order for nullity of civil partnership under section 174(1)(d) of the Act of 2004.
(2) The respondent shall file with his answer a copy of an interim gender recognition certificate issued to him or to the petitioner, as the case may be, unless otherwise directed on an application made ex parte.
(ii) the last address at which the parties to the marriage lived together as husband and wife; and
(b) in a civil partnership cause—
(ii) the last address at which the parties to the civil partnership lived together as civil partners of each other; and
(c) in any case, such further particulars as the proper officer or chief clerk, as the case may be, considers appropriate.
Answer praying for decree or order of nullity on ground that petitioner's gender had become acquired gender at time of marriage or civil partnership
17.
In rule 2.15 (Filing of reply and subsequent pleadings), in paragraph (2), after "decree" insert "or civil partnership order".
2.15A. —(1) This rule applies where an answer is filed under rule 2.14(1) which prays for a decree of nullity of marriage under—
(b) Article 14(h) of the Order of 1978 and a full gender recognition certificate has been issued to the petitioner.
(2) This rule also applies where an answer is filed under rule 2.14(1) which prays for an order of nullity of civil partnership under—
(b) section 174(1)(e) of the Act of 2004 and a full gender recognition certificate has been issued to the petitioner.
(3) Where the petitioner files a reply under rule 2.15(1) to the answer, he shall file with it a copy of that interim certificate or that full certificate, as the case may be, unless otherwise directed on an application made ex parte.".
19.
In rule 2.17 (Contents of answer and subsequent pleadings)—
(b) in paragraph (2)—
(ii) after "(g)" insert ", (ga)".
20.
In rule 2.21 (Service and amendment of pleadings), after "matrimonial proceedings" insert "or civil partnership proceedings".
(b) in paragraph (1), for "divorce county court" substitute "designated county court".
22.
In rule 2.26 (Medical examination in proceedings for nullity), in the heading, after "nullity" insert "of marriage".
(b) in paragraph (2), for "divorce county court" substitute "designated county court".
24.
After rule 2.29 insert—
2.29AA. —(1) An application to the court by the petitioner or respondent in proceedings for a dissolution order for an order under rule 3 of the Staying of Proceedings Rules shall be made to the Master who may determine the application or refer the application, or any question arising thereon, to the judge for his decision as if the application were an application for ancillary relief. (2) An application for an order under rule 4 of the Staying of Proceedings Rules shall be made to the judge. (3) Where on the lodgement of the certificate of readiness, it appears to the Master from any information given pursuant to paragraph 1(l) of Appendix 2 or rule 2.17(4) or paragraph (4) of this rule that any proceedings which are in respect of the civil partnership in question or which are capable of affecting its validity or subsistence are continuing in any country outside Northern Ireland and he considers that the question whether the proceedings on the petition should be stayed under rule 4 of the Staying of Proceedings Rules ought to be determined by the court, he shall before proceeding under rule 2.32 fix a date and time for the consideration of that question by the judge and give notice thereof to all parties. (4) Any party who lodges a certificate of readiness in civil partnership proceedings within the meaning of rule 1(2) of the Staying of Proceedings Rules shall, if there has been a change in the information given pursuant to paragraph 1(l) of Appendix 2 and rule 2.15(4), file a statement giving particulars of the change. (5) An application by a party to the proceedings for an order under rule 5 of the Staying of Proceedings Rules may be made to the Master, and he may determine the application or may refer the application, or any question arising thereon, to the judge as if the application were an application for ancillary relief. (6) In this rule—
(b) in paragraph (3), the reference to "proceedings continuing in any country outside Northern Ireland" has the same meaning as in paragraph 1(l) of Appendix 2.".
25.
In rule 2.29A (Stay under Council Regulation)—
(b) in paragraph (2), for "Articles 9, 10 or 11" substitute "Articles 16 to 19"; (c) in paragraph (3), for "Articles 9, 10 or 11" substitute "Articles 16 to 19"; and (d) in paragraph (4)—
(ii) for "Article 11" substitute "Article 19".
26.
In rule 2.30 (Mode and place of trial), in paragraph (2), for "divorce county court" substitute "designated county court".
(b) after "the decree" insert "or civil partnership order, as the case may be,".
31.
In rule 2.36 (Respondent's statement as to arrangements for children), in paragraph (2), after "the Order of 1978" insert "or section 186(1) of the Act of 2004, as the case may be".
(b) in paragraph (1), after "the Order of 1978" insert "or section 186(1) of the Act of 2004, as the case may be,"; (c) in paragraph (2)—
(ii) in a civil partnership cause, section 186 of the Act of 2004 applies, or"; and
(ii) in sub-paragraph (b), for "any directions under Article 44 of the Order of 1978" substitute "a relevant direction";
(d) in paragraph (3), for "Article 44 of the Order of 1978" substitute "his power to give a relevant direction";
(b) "relevant direction" means a direction—
(ii) in a civil partnership cause, under section 186(2) of the Act of 2004.".
33.
In rule 2.39 (Restoration of matters adjourned, etc., at the hearing), in paragraph (2)—
(b) after "the Order of 1978" insert "or under section 186(2) of the Act of 2004".
34.
In rule 2.42 (Evidence of marriage outside Northern Ireland)—
(b) after paragraph (1) insert—
(b) a certified copy of an entry in a register of such relationships kept under the law in force in that country.";
(c) in paragraph (2), after "(1)" insert "or (1A)"; and
35.
In rule 2.44 (Issue of writ of subpoena or witness summons), in paragraph (2), for "divorce county court" substitute "designated county court".
(ii) in sub-paragraph (b), for "divorce county court" substitute "designated county court"; and
(b) in paragraph (2)—
(ii) for "divorce county court" substitute "designated county court".
38.
In rule 2.47 (Application for rescission of decree)—
(b) for paragraph (1), substitute—
(b) under section 172(1) of the Act of 2004 for the rescission of a conditional order of dissolution,
shall be made to a judge and shall be heard in open court.".
39.
In rule 2.48 (Application under Article 12(2) of the Order of 1978)—
(b) in paragraph (1)—
(ii) for "the divorce" substitute "that divorce or dissolution";
(c) in paragraph (5), after "the Order of 1978" insert "or section 172(2) of the Act of 2004";
40.
In rule 2.49 (Intervention to show cause by the Crown Solicitor)—
(ii) a conditional order should not be made final,
he shall give notice to that effect to the proper officer or chief clerk, as the case may be, and to the party in whose favour it was pronounced, and, if the cause is pending in a designated county court, the Master shall thereupon order it to be transferred to the High Court.";
(b) in paragraph (2)—
(ii) for "the decree", the second time it appears, substitute "that decree or order";
(c) in paragraph (5), after "decree nisi" insert "or conditional order";
(ii) after "decree absolute" insert "or the conditional order final";
(e) in paragraph (7)—
(ii) after "decree" insert "or conditional order, as the case may be,"; and
(f) in paragraph (8)—
(ii) in sub-paragraph (a), after "decree nisi" insert "or the conditional order, as the case may be".
41.
In rule 2.50 (Intervention to show cause by person other than Crown Solicitor)—
(b) under section 164 of the Act of 2004 why a conditional order should not be made final,
he shall file an affidavit stating the facts on which he relies and a copy shall be served on the party in whose favour the decree or conditional order, as the case may be, was pronounced.";
(c) in paragraph (9), for "divorce county court" substitute "designated county court".
42.
In rule 2.51 (Rescission of decree nisi by consent)—
(b) for paragraph (1) substitute—
(ii) after a decree of judicial separation has been pronounced; and
(b) in a civil partnership cause—
(ii) after a separation order has been made,
either party may apply for an order rescinding that decree or order by consent."; and
(c) in paragraph (2)—
(ii) after "spouse" insert "or civil partner, as the case may be,"; and (iii) after "decree" insert "or civil partnership order".
43.
In rule 2.52 (Decree absolute on lodging notice)—
(b) for paragraph (1) substitute—
(b) a civil partner to make final a conditional order made in his favour,
may be made by lodging with the proper officer or chief clerk, as the case may be, notice in Form M10.";
(ii) in sub-paragraph (b), after "decree" insert "or the conditional order"; (iii) in sub-paragraph (e), at the beginning of the sub-paragraph insert "if the cause is a matrimonial cause,"; (iv) after sub-paragraph (e) insert—
(bb) in head (iii) omit "and";
(vi) in sub-paragraph (g)—
(bb) for "with," substitute "with";
(vii) after sub-paragraph (g) insert—
(i) that there is not pending a reference under section 8(5) of the Gender Recognition Act 2004 in respect of the application on which the interim gender recognition certificate to which the petition relates was granted; (ii) that that interim certificate has not been revoked under section 8(6)(b) of that Act; and (iii) that no appeal is pending against an order under section 8(6)(a) of that Act.".
(viii) after "decree absolute", the first time it appears, insert "or the conditional order final"; and
(bb) after "decree absolute" insert "or the conditional order final".
44.
In rule 2.53 (Decree absolute on application)—
(b) in paragraph (1)—
(ii) in sub-paragraph (a)—
(bb) omit the word "or";
(iii) after sub-paragraph (a) insert—
(v) after "sub-paragraph (a)" insert "or (aa)";
(c) for paragraph (2) substitute—
(b) by a civil partner for a conditional order pronounced against him to be made final may be made to the judge or the Master by summons to be served on the other civil partner not less than 7 clear days before the day on which the application is heard.".
45.
After rule 2.54 insert—
2.54A. —(1) Where a conditional order is made final, the Master shall make an indorsement to that effect on the order, stating the precise time at which it was made final. (2) On a conditional order being made final, the proper officer or chief clerk, as the case may be, shall—
(b) if the case is pending in a civil partnership proceedings county court, notify the Matrimonial Office.
(3) A certificate in Form M11A or M12A that a conditional order has been made final shall be issued to any person requiring it on payment of the prescribed fee.
(b) the Secretary of State, the person to whom the certificate was issued shall be a respondent.
(4) Where the court issues a corrected gender recognition certificate under section 6(4) of the Gender Recognition Act 2004, the proper officer or chief clerk, as the case may be, shall send a copy of the corrected certificate to the Secretary of State.".
46.
In rule 2.55 (Application by petitioner or respondent for ancillary relief), after paragraph (1)(a) insert—
47.
In rule 2.57 (Application in Form M13 or M14), in paragraph (a), for "divorce county court" substitute "designated county court".
(a) in a matrimonial cause, whether ante-nuptial or post-nuptial, made on the spouses, or
52.
In rule 2.67 (Transfer of application for ancillary relief: general provisions)—
(b) in paragraph (6), after "decree nisi" insert "or conditional order".
53.
In rule 2.68 (Transfer for purpose of expedition), for "divorce county court" in each place it appears, substitute "designated county court".
(b) after paragraph (3) insert—
55.
In rule 2.70 (Request for periodical payments order at same rate as order for maintenance pending suit)—
(b) in paragraph (1)—
(ii) after "maintenance pending suit", the first time it appears, insert "or maintenance pending outcome of proceedings, as the case may be,"; and (iii) after "maintenance pending suit", the second time it appears, insert "or outcome of proceedings";
(c) in paragraph (2), after "spouse" insert "or civil partner, as the case may be,"; and
56.
In rule 2.71 (Application for order under Article 39(2)(a) of the Order of 1978)—
(b) in paragraph (1), after "the Order of 1978" insert "or paragraph 67(2) of Schedule 15 to the Act of 2004".
57.
In rule 2.72 (Consent orders), in paragraph (1)—
(b) in sub-paragraph (a), after "marriage" insert "or civil partnership"; (c) for sub-paragraph (d) substitute—
(d) in sub-paragraph (dd), after "the Order of 1978" insert "or under paragraphs 10, 20 and 21 of Schedule 15 to the Act of 2004".
58.
In rule 2.73 (Pensions)—
(b) in a civil partnership cause, the civil partner with pension rights,
shall request the person responsible for each pension arrangement under which he has or is likely to have benefits to furnish the information referred to in regulation 2(2) and (3)(b) to (f) of the Pensions on Divorce etc (Provision of Information) Regulations (Northern Ireland) 2000[6]";
(ii) after "other party" insert "or other civil partner";
(c) in paragraph (4), after "the party with pension rights" insert "or the civil partner with pension rights";
(ii) in sub-paragraph (b), after "the Divorce etc. (Pensions) Regulations (Northern Ireland) 2000" insert "or the Dissolution etc. (Pensions) Regulations (Northern Ireland) 2005[7], as the case may be,";
(f) in paragraph (8)—
(ii) for "the applicant", the second time it appears, substitute "that party or civil partner";
(g) in paragraph (9), for "the applicant" substitute "the party with pension rights or the civil partner with pension rights, as the case may be,";
(ii) for "including provision under Article 26A (pension sharing) of the Order of 1978" substitute "which includes a pension sharing order";
(j) in paragraph (12), for "including provision under Article 27B or 27C (pension attachment) of the Order of 1978" substitute "which includes a pension attachment order";
(ii) in sub-paragraph (b), after "the Order of 1978" insert "or Part 3 of Schedule 15 to the Act of 2004"; (iii) in sub-paragraph (h), for "under Article 26A of the Order of 1978" substitute "by way of pension sharing"; and (iv) in sub-paragraph (j), for head (ii) substitute—
(m) in paragraph (16)—
(ii) in sub-paragraph (b), after "the Order of 1978" insert "or paragraph 20 or 21 of Schedule 15 to the Act of 2004"; (iii) in sub-paragraph (c)—
(bb) after "the other party" insert "or other civil partner";
(iv) in sub-paragraph (d), after "the party with pension rights" insert "or the civil partner with pension rights";
(bb) after "the party with pension rights" insert "or the civil partner with pension rights"; and (cc) after "the other party" insert "or other civil partner";
(vii) in sub-paragraph (g), after "the Order of 1978" insert "or paragraph 20 or 21 of Schedule 15 to the Act of 2004";
(bb) omit "and"; and
(x) in sub-paragraph (j), after "the other party" insert "or the other civil partner".
(n) in paragraph (17)—
(ii) after "send" insert ", or direct one of the parties to send"; (iii) for sub-paragraph (a) substitute—
(ii) in a civil partnership cause, the conditional order of dissolution, nullity of civil partnership or the order of separation;"; and
(iv) for sub-paragraph (b) substitute—
(ii) dissolution or nullity of civil partnership, a copy of the certificate under rule 2.54 that the conditional order has been made final; and";
(o) for paragraph (18) substitute—
(ii) the decree absolute of divorce or nullity or decree of judicial separation, whichever is the later; and
(b) in a civil partnership cause, within 7 days after—
(ii) the final order of dissolution or nullity or order of separation,
whichever is the later.";
(p) in paragraph (19)—
(bb) omit "and";
(ii) after sub-paragraph (a) insert—
(ii) in a civil partnership cause, an order making provision under paragraph 10 of Schedule 15 to the Act of 2004; and
(d) pension attachment order means—
(ii) in a civil partnership cause, an order making provision under paragraphs 20 and 21 of Schedule 15 to the Act of 2004.".
59.
In rule 3.1 (Application by spouse for failure to maintain)—
(b) in paragraph (1), for the words from "An application" to "the marriage" substitute—
(ii) in sub-paragraph (c)—
(bb) for "marriage", the second time it appears, substitute "family"; and (cc) for "decree or order", in each place it appears, substitute "decree, civil partnership order or other order"; and (dd) after "marriage", the third time it appears, insert "or civil partnership"; and
(d) in paragraph (5), for "Where" substitute "In matrimonial proceedings, where".
60.
In rule 3.2 (Transfer to High Court of applications under rule 3.1), for "divorce county court" substitute "designated county court".
(b) in paragraph (2), for "divorce county court" substitute "designated county court"; (c) in paragraph (3)—
(ii) after "marriage" insert "or civil partnership"; and
(d) in paragraph (6), after "the Order of 1978" insert "or Part 8 of Schedule 15 to the Act of 2004, as the case may be.".
62.
In rule 3.4 (Application for alteration of maintenance agreement during lifetime of parties)—
(b) in paragraph (3)—
63.
In rule 3.5 (Application for alteration of maintenance agreement after death of one party)—
(b) in paragraph (4)—
(bb) for "order or decree" substitute "order, decree or civil partnership order".
64.
In rule 3.7 (Application of other rules to proceedings under Article 37 or 38 of the Order of 1978)—
(b) in paragraph (1), after "the Order of 1978" insert "or paragraph 62 or 66 of Schedule 15 of the Act of 2004, as the case may be,"; and (c) in paragraph (2), after "the Order of 1978" insert "or paragraph 62 or 66 of Schedule 15 to the Act of 2004, as the case may be,".
65.
In rule 3.9 (Transfer of certain tenancies on divorce etc or on separation of cohabitees)—
(b) in paragraph (2), for "other cohabitant or spouse" substitute "other spouse, cohabitee or civil partner, as the case may be,".
66.
In rule 3.10 (Application for declaration as to marital status), in paragraph (1)(d), after "matrimonial" insert "or civil partnership".
3.10A. —(1) Unless otherwise directed, a petition by which proceedings are begun under section 181 of the Act of 2004 for a declaration as to civil partnership status shall state—
(b) the place at and date on which the civil partnership was formed; (c) the grounds on which the application is made and all other material facts alleged by the petitioner to justify the making of the declaration; (d) whether there have been or are continuing any proceedings in any court, tribunal or authority in Northern Ireland or elsewhere between the parties which relate to, or are capable of affecting the validity or subsistence of the civil partnership, dissolution, annulment or legal separation to which the application relates, or which relate to the civil partnership or matrimonial status of either of the parties, and if so—
(ii) the court, tribunal or authority before which they were begun, (iii) the date when they were begun, (iv) the names of the parties to them, (v) the date or expected date of the trial, (vi) any other facts relevant to the question whether the petition should be stayed under the Family Proceedings (Civil Partnership: Staying of Proceedings) Rules (Northern Ireland) 2005[8],
and such proceedings shall include any which are constituted otherwise than in a court of law in any country outside Northern Ireland, if they are instituted before a tribunal or other authority having power under the law having effect there to determine questions of status, and shall be treated as continuing if they have begun and have not been finally disposed of;
(2) Where the proceedings are for a declaration that the validity of a dissolution annulment or separation obtained in any country outside Northern Ireland in respect of the civil partnership either is or is not entitled to recognition in Northern Ireland, the petition shall in addition state the date and place of the dissolution, annulment or legal separation.
68.
In rule 3.11 (Procedure to be followed in relation to application under rule 3.10)—
(b) in paragraph (1), for "rule 3.10" substitute "rules 3.10 and 3.10A"; (c) in paragraph (10), after "matrimonial" insert "or civil partnership"; and (d) in paragraph (11), after "Form M26" insert "and a declaration made under section 181 of the Act of 2004 shall be in Form M26A".
69.
In rule 3.12 (Application for leave to apply for financial relief after overseas divorce)—
(b) in paragraph (1)—
(ii) omit the words from "stating the facts" to the end of the paragraph;
(c) after paragraph (1) insert—
(b) in the case of an application under the Act of 2004, to the matters set out in paragraph 8(3) of Schedule 17 to that Act.";
(d) in paragraph (2)—
(ii) after "marriage", the second time it appears, insert "or civil partnership"; (iii) for sub-paragraph (a), substitute—
(iv) in sub-paragraph (b), after "to the marriage" insert "or civil partnership, as the case may be";
(vii) after that sub-paragraph insert—
(ii) Schedule 17 to the Act of 2004.".
70.
In rule 3.13 (Application for an order for financial relief or an avoidance of transaction order under Part IV of the Order of 1989)—
(b) in paragraph (1), after "under Part IV of the Order of 1989" insert "or Schedule 17 to the Act of 2004"; (c) in paragraph (2), after "Form M6" insert "and M6A"; (d) in paragraph (4)—
(ii) omit "under Article 27 of that Order"; and (iii) for "an order under the said Article 27" substitute "an avoidance of transaction order";
(e) in paragraph (7), after "the Order of 1989" insert "or under paragraph 13 of Schedule 17 to the Act of 2004";
(ii) after "to that Order" insert "or Part 2 of Schedule 2 to the Family Homes and Domestic Violence (Northern Ireland) Order 1998[9], as the case may be,";
(g) in paragraph (9) omit "under Part IV of the Order of 1989"; and
(ii) in relation to an application under the Act of 2004, an application under paragraph 15 of Schedule 17 to that Act; and
(b) "interim order for maintenance" means—
(ii) in relation to an application under the Act of 2004, an order under paragraph 5 of Schedule 17 to that Act.".
71.
In rule 3.14 (Application for an order under Article 28 of the Order of 1989 preventing a transaction)—
(b) in paragraph (1), after "the Order of 1989" insert "or under paragraph 17 of Schedule 17 to the Act of 2004"; and (c) in paragraph (2), after "M6" insert "and M6A".
72.
In rule 3.24 (Application under Article 31B of the Order of 1989 for a declaration of parentage)—
(b) in paragraph (3)(ii), for "mother or father" substitute "parent".
73.
After rule 3.38 insert—
3.39. —(1) A reference to the High Court under section 8(5) of the Gender Recognition Act 2004 shall be brought by originating motion issued out of the Matrimonial Office. (2) The Secretary of State is to be referred to as the applicant and the respondent is the person whose application under section 1(1), 5(2) or 6(1) of the Gender Recognition Act 2004 was granted. (3) The originating motion shall be served on the President of the Gender Recognition Panels and such other persons as the Court may direct. (4) Where the applicant knows that—
(ii) serve the originating motion on the court in which that petition is pending (where he has sufficient information to do so);
(b) a full gender recognition certificate has been issued to the respondent under section 5(1) of the Gender Recognition Act 2004, he shall give particulars of this in the originating motion.
(5) A copy of any order of the court made on the reference shall be served on—
(b) the President of Gender Recognition Panels, (c) where sufficient particulars have been provided under paragraph (4)(a)(i), on the court in which any such cause is pending,
and may be served on such other persons as the court thinks fit".
74.
In rule 4.5 (Application)—
(b) in paragraph (2)(a), for head (ii) substitute—
(iii) in the case of an application for an Article 8 order where question 6A on Form C1, or question 3A on Form C2, is answered in the affirmative, supplemental Form C1A; or"; and
(c) in paragraph (3)(c), after "as are appropriate" insert ", and, in the case of an application for an Article 8 order, Form C1A".
75.
In rule 4.10 (Answer to application), in paragraph (1), after "Form C4" insert "and, if both parts of question 6 or question 7 (or both) on Form C4 are answered in the affirmative, Form C1A".
4.28. —(1) An application for an order under Article 19 of the Council Regulation shall be made to the Master who may determine the application or refer the application, or any question arising thereon, to the judge for his decision. (2) Where at any time after an application under rule 4.5 is made, it appears to the court that, under Articles 16 to 19 of the Council Regulation, the court is required or may be required to stay the proceedings, the court shall stay the proceedings and fix a date for a hearing to determine the questions of jurisdiction or admissibility and whether there should be a stay or other order and shall serve notice of the hearing on the parties to the proceedings. (3) The court shall give reasons for its decision under Articles 16 to 19 of the Council Regulation and, where it makes a finding of fact, state such finding of fact. (4) A declaration under Article 17 of the Council Regulation that the court has no jurisdiction over the proceedings or an order under Article 19 of the Council Regulation declining jurisdiction shall be recorded in writing. (5) The court may, if all parties agree, deal with any question about the jurisdiction of the court without a hearing.".
77.
In rule 5.1 (Appeal from a divorce county court to the Court of Appeal)—
(b) after "the Order of 1998" insert "or section 189(1) of the Act of 2004"; (c) for "decree or order" substitute "decree, civil partnership order or other order"; (d) for "in divorce county court proceedings" substitute "in proceedings in a designated county court"; and (e) for "a divorce county court" substitute "a designated county court".
78.
After rule 5.3, insert—
5.4. —(1) R.S.C. Order 55[10] applies to an appeal to the High Court under section 8(1) of the Gender Recognition Act 2004 subject to the modifications made by this rule. (2) The notice of the originating motion shall be—
(b) served on the Secretary of State in addition to the person to be served under R.S.C. Order 55 rule 15(1).
(3) The Secretary of State may appear and be heard in the proceedings on the appeal.
79.
In rule 6.5 (Petition for nullity on ground of insanity, etc)—
(b) after paragraph (1) insert—
80.
In rule 7.7 (Filing of documents at place of hearing, etc), after "matrimonial proceedings" insert "or civil partnership proceedings".
(b) in paragraph (1), for "or order" substitute ", civil partnership order or other order"; and (c) in paragraph (2), for "or order" substitute ", civil partnership order or other order".
82.
In rule 7.12 (Inspection of documents retained in court), in paragraph (2), for "decree or order" substitute "decree, civil partnership order or other order".
7.13A. —(1) This rule applies to all documents in family proceedings brought under—
(b) section 174(1)(d) or (e) of the Act of 2004; and (c) the Gender Recognition Act 2004.
(2) Documents to which this rule applies shall, while they are in the custody of the court, be kept in a place of special security.".
84.
In rule 7.17 (Practice to be observed in the Matrimonial Office and divorce county courts)—
(b) after "matrimonial proceedings" insert "and civil partnership proceedings"; and (c) for "divorce county courts" substitute "designated county courts".
85.
In rule 8.1 (Application), after the definition of "matrimonial order" insert—
86.
In rule 8.2 (Attachment of debt due to judgment debtor), in paragraph (1), after "a matrimonial order" insert "or a civil partnership order".
(b) for "divorce county court" substitute "designated county court".
92.
In rule 8.32 (Removal of divorce county court order into High Court)—
(b) after "matrimonial proceedings" insert "or civil partnership proceedings".
93.
In rule 8.33 (Interpretation)—
(b) after "the Council Regulation" insert "and in rules 8.44, 8.45, 8.47 and 8.48 "the Central Authority of Northern Ireland" means the Northern Ireland Court Service".
94.
In rule 8.35 (Application for registration), for "Article 21(2)" substitute "Article 28(2)".
(b) in sub-paragraph (a), in head (v), for "Annex IV or Annex V" substitute "Annex I or Annex II".
96.
In rule 8.37 (Order for registration)—
(b) in paragraph (3), for "Article 12" substitute "Article 20".
97.
In rule 8.38 (Register of judgments), for "Article 21(2)" substitute "Article 28(2)".
(b) in paragraph (2), for "Article 21(2)" substitute "Article 28(2)"; and (c) in paragraph (3), for "Article 12" substitute "Article 20".
100.
In rule 8.41 (Application for recognition)—
(b) in paragraph (1), for "Article 14(3)" substitute "Article 21(3)"; and (c) in paragraph (2)—
(ii) for "Article 21(2)" substitute "Article 28(2)".
101.
In rule 8.42 (Enforcement of judgments in other Contracting States)—
(b) in paragraph (1)—
(ii) for "Article 32(1)" substitute "Articles 37(1) or 45(1)";
(c) in paragraph (2)—
(ii) after "application" insert "for a certified copy of a judgment"; and
(d) after paragraph (2), insert—
(b) the full name, country and place of birth and date of birth of the parties; (c) details of the type of certificate applied for and the reasons for making the application; and (d) where the application is for a certificate under Annex II to the Council Regulation—
(ii) information as to whether or not the judgment entails the return of a child wrongfully removed or retained in another Member State and if so, the full name and address of the person to whom the child should be returned.".
102.
In rule 8.43 (Authentic instruments and court settlements), for "Article 13(3)" substitute "Article 46".
8.44. —(1) The court shall serve a certificate issued under Article 41 of the Council Regulation, or a certificate rectified under rule 8.48, on all the parties and the Central Authority of Northern Ireland. (2) The Central Authority of Northern Ireland shall serve such a certificate as mentioned in paragraph (1) on the Central Authority of the relevant Member State. Registration of a certificate issued under Article 41 of the Council Regulation 8.45. The Central Authority of Northern Ireland shall keep a register of certificates issued under Article 41. Application of a party for transfer of proceedings to a court of another Member State 8.46. —(1) A party may make an application that proceedings, or a specific part of those proceedings, be heard in another Member State pursuant to Article 15 of the Council Regulation. (2) An application under paragraph (1) shall be made—
(b) the application shall be made by notice to attend before the judge on a day specified in the notice and such notice shall be filed and served on the respondents not less than 5 days before the hearing of the application.
(3) An application made under paragraph (1) shall be supported by an affidavit, which shall contain evidence of the child's particular connection to the other Member State in accordance with Article 15(3) of the Council Regulation.
(b) pursuant to an application by—
(ii) the Central Authority of Northern Ireland; or (iii) the Central Authority of another Member State.
(3) Any application under sub-paragraph (2)(b) may be made without notice being served on any other party.".
104.
In Appendix 1 (Forms)—
(ii) after the entry relating to Form M6, in the first column insert "Form M6A" and in the second column insert "Acknowledgement of Service: Civil Partnership Act 2004"; (iii) for the entry relating to Form M10, in the second column insert "Notice of Application for Decree Nisi to be Made Absolute or Conditional Order to be Made Final"; (iv) after the entry relating to Form M11, in the first column insert "Form M11A"and in the second column insert "Certificate of Making Conditional Order for Dissolution Final"; (v) after the entry relating to Form M12, in the first column insert "Form M12A"and in the second column insert "Certificate of Making Conditional Nullity Order Final"; (vi) after the entry relating to Form M26, in the first column insert "Form M26A"and in the second column insert "Declaration as to Civil Partnership Status under section 181 of the Civil Partnership Act 2004"; (vii) after the entry relating to Form C1, in the first column, insert "Form C1A" and in the second column insert "Supplemental Information Form";
(b) in Form M1 (Originating Summons)—
(ii) for "marriage", in each place it appears, substitute "[marriage] [civil partnership]"; and (iii) for "solemnized" substitute "[solemnized] [formed]";
(c) in Form M4 (Statement of Arrangements for Children)—
(ii) for "husband/wife", in each place it appears, substitute "[spouse] [civil partner]"; and (iii) for "divorce petition", in each place it appears, substitute "petition for divorce or dissolution";
(d) in Form M5 (Notice of Proceedings)—
(bb) for "1347/2000 of 29th May 2000 on" substitute "2201/2003 of 27th November 2003 concerning"; (cc) for "in", the second time it appears, substitute "the"; and (dd) omit "for children of both spouses".
(ii) after paragraph 13 insert—
15. If the petition is brought on the ground that your gender was the acquired gender at the time of the marriage under the Gender Recognition Act 2004 (under Article 14(h) of the Matrimonial Causes (Northern Ireland) Order 1978) and a full gender recognition certificate has been issued to you, you shall, when returning the acknowledgement of service, attach to it a copy of your full certificate".
(f) in Form M6 (Acknowledgement of Service), in paragraph 1A(e), for "Article 11" substitute "Article 19". (g) after Form M6 insert the new Form M6A (Acknowledgement of Service: Civil Partnership Act 2004) set out in Schedule 2 to these Rules; (h) in Form M8 (Certificate of Readiness), in the note, for "divorce county court" substitute "designated county court"; (i) for Form M10 substitute the new Form M10 (Notice of Application for Decree Nisi to be Made Absolute or Conditional Order to be Made Final) set out in Schedule 3 to these Rules; (j) after Form M11 insert the new Form M11A (Certificate of Making Conditional Order for Dissolution Final) set out in Schedule 4 to these Rules; (k) after Form M12 insert the new Form 12A (Certificate of Making Conditional Nullity Order Final) set out in Schedule 5 to these Rules; (l) in Form M13, after "maintenance pending suit" insert ", maintenance pending outcome of proceedings"; (m) in Form M14 (Notice of Application under Rule 2.48)—
(ii) for "divorce" substitute "[divorce] [dissolution]"; and (iii) after "decree nisi" insert "or conditional order".
(n) in Form M17 (Notice of Request for Periodical Payments Order at Same Rate as Order for Maintenance Pending Suit)—
(ii) for "maintenance pending suit" substitute "[maintenance pending suit] [maintenance pending outcome of proceedings]";
(o) in Form M18—
(p) in Form M20, in the heading, for "IN THE MATTER of an application under Article 37 of the Matrimonial Causes (Northern Ireland) Order 1978" substitute—
(s) in Form M27—
(t) in Form M28 in the heading—
(ii) before paragraph 1 insert the following note—
Do you believe that the child(ren) named above have suffered or are at risk of suffering any harm from any of the following or through seeing or hearing any of the following: • any form of domestic abuse • violence within the household • other conduct or behaviour • ill treatment of another person
If you tick the Yes box, you must also fill in Supplemental Information Form (Form C1A). You can obtain a copy of this from a court office if one has not been enclosed with the papers served on you."; and
(bb) after "married to each other" insert "or civil partners of each other"; (x) in Form C2 (Application)— in the heading, for "Divorce County Court" substitute "Designated County Court";
Do you believe that the child(ren) named above have suffered or are at risk of suffering any harm from any of the following or through seeing or hearing any of the following: • any form of domestic abuse • violence within the household • other conduct or behaviour • ill treatment of another person
If you tick the Yes box, you must also fill in Supplemental Information Form (Form C1A). You can obtain a copy of this from a court office if one has not been enclosed with the papers served on you.";
(z) for Form C4 substitute the new Form C4 (Acknowledgement) set out in Schedule 8 to these Rules; (aa) in Form C7A (Statement of Means)—
(ii) in paragraph 1, after "married," insert "in a civil partnership,"; and (iii) in paragraph 2, after "spouse," insert "civil partner,";
(bb) for Form F2 substitute the new Form F2 (Application for a Non-Molestation Order/an Occupation Order) set out in Schedule 9 to these Rules;
(ii) in Note 4—
(bb) after "divorce proceedings etc" insert, on a new line— “or under Part 2 of Schedule 15 to the Civil Partnership Act 2004 (property adjustment on or after dissolution, nullity or separation); and (cc) for "the length of time during which you have lived together as husband and wife" substitute "the length of time during which you have lived together as husband and wife or civil partners"; (dd) in Form F9, for "Divorce County Court", in each place it appears, substitute "Designated County Court"; and (ee) in Form A2 (Application for an Order Freeing a Child for Adoption (without Parental Consent), in paragraph 2 under Particulars of the Child, after "married" insert " or a civil partner".
105.
In Appendix 2 (Contents of Petition)—
(bb) after "marriage", the second time it appears, insert "or the date on and place at which the civil partnership was formed, as the case may be";
(ii) for sub-paragraph (b) substitute—
(ii) in a civil partnership cause, the parties to the civil partnership have lived together as civil partners of one another;";
(iii) for sub-paragraph (bb) substitute—
(iv) after sub-paragraph (d) insert—
(vi) after sub-paragraph (g) insert—
(bb) in head (ii), for "decree or order" substitute "decree, civil partnership order or other order";
(viii) in sub-paragraph (1)—
(bb) in head (v), at the beginning, insert "in a matrimonial cause,"; and (cc) after head (v) insert—
(ix) for sub-paragraph (o) substitute—
(ii) a petition for dissolution, that the civil partnership has broken down irretrievably;";
(x) in sub-paragraph (p), at the beginning, insert "in a matrimonial cause,"; and
(b) for paragraph 2 substitute—
(2) In a civil partnership cause, a petition for a nullity order under section 174 (1)(c) or (e) of the Act of 2004 shall state whether the petitioner was at the time of the civil partnership ignorant of the facts alleged."; and
(b) an order for presumption of death and dissolution of civil partnership shall state—
(ii) the circumstances in which the parties ceased to cohabit; (iii) the date and place where the respondent was last seen or heard of; and (iv) the steps which have been taken to trace the respondent.".
Consequential and transitional provision
(b) any requirement in the 1996 Rules (including in any of the forms)—
(ii) to state if either party has any intention to marry or remarry shall be read as also requiring him to indicate if either party has any intention to enter into a civil partnership.
(This note is not part of the Order) These rules amend the Family Proceedings Rules (Northern Ireland) 1996 (S.R. 1996 No. 322), which apply to proceedings in the High Court and county court, in consequence of the Civil Partnership Act 2004 (c.33), the Gender Recognition Act 2004 (c.7), Council Regulation (EC) No. 2201/2003 of 27th November 2003 (Brussels IIa Regulation) and the Law Reform (Miscellaneous Provisions) (Northern Ireland) Order 2005. They also make a number of minor amendments to forms prescribed by the Family Proceedings Rules to ensure that allegations of domestic violence are raised at the commencement of proceedings under Article 8 of the Children (Northern Ireland) Order 1995. The Civil Partnership Act 2004 introduces a statutory civil registration procedure to allow same-sex couples to make a formal, legal commitment to each other by entering into a civil partnership. The Rules amend the Family Proceedings Rules to prescribe procedures for proceedings under the Civil Partnership Act. These procedures are similar to those which currently exist for comparable proceedings relating to marriage. In summary, these procedures are prescribed in relation to applications under the following provisions of the 2004 Act: • section 161 (dissolution order, nullity order, presumption of death order or separation order); • section 181 (declarations); • Schedule 15 (financial relief in the High Court or a county court in Northern Ireland); and • Schedule 17 (financial relief in Northern Ireland after overseas dissolution etc. of a civil partnership). The Gender Recognition Act 2004 provides for transsexual persons to obtain legal recognition in their acquired gender. A person may apply to a Gender Recognition Panel. If the applicant meets the statutory criteria and is unmarried, the Panel will issue to him a full gender recognition certificate. If he is married, the Panel will issue to him an interim gender recognition certificate. The Gender Recognition Act amended the Matrimonial Causes (Northern Ireland) Order 1978 to add two new grounds of nullity, where an interim or full gender recognition certificate has been issued to a party to the marriage. The amendments to the Family Proceedings Rules in consequence of the Gender Recognition Act 2004 make provision: • in relation to the new grounds of nullity, in particular, require a copy of the relevant gender recognition certificate to be attached to the pleadings in proceedings under either ground and require the Secretary of State to be notified of proceedings brought on the ground of issue of an interim gender recognition certificate; • for an application for a corrected certificate, where the court has issued a full gender recognition certificate containing an error; • for an applicant who has been refused a gender recognition certificate to appeal to the High Court on a point of law; and • for a reference to the High Court by the Secretary of State where he considers an application to have been granted by fraud. Council Regulation (EC) No. 2201/2003 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility reproduced and repealed Council Regulation (EC) No. 1347/2000 of 29th May extending it to include matters of parental responsibility where there are no matrimonial proceedings. The amendments in consequence of Council Regulation (EC) No. 2201/2003 update the Family Proceedings Rules to make reference to the new Council Regulation and the correct Article of it. They also make provision: • for a stay under the Council Regulation of children proceedings; • to prescribe the procedure for applications under Article 15 of the new Council Regulation; and • relating to certificates under Article 41 of the Council Regulation. The Law Reform (Miscellaneous Provisions) (Northern Ireland) Order 2005 amended the definition of the terms "relative" and "cohabitee" in the Family Homes and Domestic Violence Order (Northern Ireland) 1998. The 2005 Order also amended the 1998 Order so as to allow exclusion zones of defined areas to be attached to non-molestation orders and to make it clear that protective orders made ex-parte can only be made for a short period and that, if a court makes such an order, it must specify a date for a full hearing. The Rules make consequential amendments to the Notes for Guidance in Forms F2 and F3 in the Family Proceedings Rules. Notes: [1] S.I. 1993/1576 (N.I. 6)back [2] S.R. 1996 No. 322 as amended by S.R. 1999 No. 88, S.R. 2000 No. 329, S.R. 2002 No. 137, S.R. 2003 No. 75 and S.R. 2005 No. 144back [9] S.I. 1998/1071 (N.I. 6)back [11] S.I. 1986 No. 595 (N.I. 4)back
ISBN 0 33796226 X
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