# The Family Procedure (Amendment) Rules 2014 S.I. 2014/524 · made 6 March 2014 These rules amend the Family Procedure Rules 2010 (“the Rules”) to make consequential amendments in light of the Marriage (Same Sex Couples) Act 2013 (c. 30) (“the 2013 Act”). Made under: Courts Act 2003 ## Introductory text Family Proceedings Senior Courts Of England And Wales County Courts, England And Wales Magistrates’ Courts, England And Wales Made 6th March 2014 Laid before Parliament 10th March 2014 Coming into force 13th March 2014 The Family Procedure Rule Committee makes the following rules in exercise of the powers conferred by sections 75 and 76 of the Courts Act 2003, after consulting in accordance with section 79 of the Courts Act 2003. ## 1 Citation and commencement These rules may be cited as the Family Procedure (Amendment) Rules 2014 and come into force on 13th March 2014. ## 2 Amendments to the Family Procedure Rules 2010 The Family Procedure Rules 2010 are amended in accordance with rules 3 to 11. ## 3 Amendments to the Family Procedure Rules 2010 In rule 7.11(3)(a)(ii), for “husband and wife” substitute “a married couple”. ## 4 Amendments to the Family Procedure Rules 2010 In rule 7.26 (a) in the heading— (i) omit “marriage” and insert “a marriage of an opposite sex couple”. (b) in subparagraph (1)— (i) omit “marriage” and insert “a marriage of an opposite sex couple”. ## 5 Amendments to the Family Procedure Rules 2010 In the heading to Part 31 after “2005” insert “, The Marriage (Same Sex Couples) (Jurisdiction and Recognition of Judgments) Regulations 2014”; ## 6 Amendments to the Family Procedure Rules 2010 In rule 31.1— (a) in sub paragraph (b) omit “and”; (b) in sub paragraph (c) omit “.” and insert “; and”; (c) after sub paragraph (c) insert— “(d) judgments to which the 2014 Regulations apply and which relate to divorce, or annulment of a marriage of a same sex couple or the judicial separation of the same”. ## 7 Amendments to the Family Procedure Rules 2010 In rule 31.2— (a) in sub paragraph (1)(a)(ii) omit “or”; (b) in sub paragraph (1)(a)(iii) after “;” insert “or”; (c) after sub paragraph (1)(a)(iii) insert— “(iv) in accordance with regulation 4(1)(a) of The Marriage (Same Sex Couples) (Jurisdiction and Recognition of Judgments) Regulations 2014 where those Regulations apply.”; (d) after sub paragraph (1)(b) insert— “(ba) “the 2014 Regulations” means the Marriage (Same Sex Couples) (Jurisdiction and Recognition of Judgments) Regulations 2014”; (e) after sub paragraph (1)(c)(ii) insert— “(iii) where recognition is sought of a judgment to which the 2014 Regulations apply, a member State of the European Union to which Part II of those Regulations applies.”. ## 8 Amendments to the Family Procedure Rules 2010 In rule 31.3(3)— (a) after “Convention” omit “or” and insert “,”; (b) after “Regulations” insert “or the 2014 Regulations”. ## 9 Amendments to the Family Procedure Rules 2010 In rule 31.8(8) after “Regulations” insert “or the 2014 Regulations”. ## 10 Amendments to the Family Procedure Rules 2010 In rule 31.12— (a) after “Convention” omit “or” and insert “,”; (b) after “Regulations” insert “or regulation 5 of the 2014 Regulations”. ## 11 Amendments to the Family Procedure Rules 2010 In rule 31.14(3)— (a) after “convention” omit “or” and insert “,”; (b) after “Regulations” insert “or regulation 5 of the 2014 Regulations”. ## Signature James Munby, P Timothy Becker Richard Burton Paul Carr Martyn Cook Chris Darbyshire Bruce Edgington Angela Finnerty Mike Hinchliffe Charles Hyde Sunita Mason Ernest Ryder, LJ David Salter Lucy Theis, J John Wilson I allow these Rules Signed by authority of the Lord Chancellor Simon Hughes Ministry of Justice 6th March 2014 ## Explanatory note (This note is not part of the Order) These rules amend the Family Procedure Rules 2010 (“the Rules”) to make consequential amendments in light of the Marriage (Same Sex Couples) Act 2013 (c. 30) (“the 2013 Act”). Rule 3 amends rule 7.11(3)(a)(ii) of the Rules to replace the reference to “husband and wife” in that rule with a reference to “a married couple”. This amendment will ensure that this rule applies to marriages of opposite sex and same sex couples. Rule 4 amends rule 7.26 of the Rules to make it clear that this rule only applies to marriages of opposite sex couples. Paragraph 4 of Schedule 4 to the 2013 Act inserted a new subsection (2) into section 12 of the Matrimonial Causes Act 1973 (c.18) (“the 1973 Act”). Section 12(2) provides that the grounds on which a marriage is voidable in section 12(a) (incapacity to consummate the marriage) and section 12(b) (wilful refusal to consummate the marriage) do not extend to marriages of same sex couples. Rule 4 therefore makes consequential amendments to rule 7.26 of the Rules to reflect this position that the grounds on which a marriage is voidable in section 12(a) and 12(b) of the 1973 Act only extend to marriages of opposite sex couples. Rules 5 to 11 amend certain rules in Part 31 of the Rules. These rules make consequential amendments to include reference to The Marriage (Same Sex Couples) (Jurisdiction and Recognition of Judgments) Regulations 2014. Those Regulations make corresponding provision, as far as is possible in domestic law, for marriages of same sex couples as to the jurisdiction and recognition elements of Council Regulation (EC) 2201/2003 for proceedings for the divorce of, or annulment of a marriage of, a same sex couple or the judicial separation of a married same sex couple as regards the law of England and Wales. --- Source: https://www.legislation.gov.uk/uksi/2014/524 (the official version) Page: https://openlegislation.uk/family-procedure-amendment-rules-2014 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.