Rule 6.41B Extension of time for serving the application for a matrimonial or civil partnership orderF1

(1)

The applicant may apply for an order extending the time for compliance with rule 6.41A.

(2)

The general rule is that an application under paragraph (1) must be made—

(a)

within the period for service specified by rule 6.41A; or

(b)

where an order has been made under this rule, within the period specified by that order.

(3)

Where an applicant asserts that they have a good reason for not making an application under paragraph (1) within the periods specified in paragraph (2) an application under paragraph (1) may be made—

(a)

after the period for service specified by rule 6.41A; or

(b)

where an order has been made under this rule, after the period specified by that order.

(4)

On an application under paragraph (1), the court must consider all the circumstances including whether—

(a)

the applicant has taken reasonable steps to comply with rule 6.41A; and

(b)

the applicant has acted promptly.

(5)

An application for an order extending the time for compliance with rule 6.41A—

(a)

must be supported by evidence; and

(b)

may be made without notice.

Annotations

Textual amendments

F1: Rules 6.41A, 6.41B inserted (6.4.2022) by The Family Procedure (Amendment) Rules 2022 (S.I. 2022/44), rules 1(3)(a), 21 (with rule 29); S.I. 2022/283, reg. 2