Rule 7.18 Applications to prevent conditional orders being made finalF1
This rule applies to an application under section 8 or 9 of the 1973 Act or under section 39 or 40 of the 2004 Act to prevent a conditional order being made final.
An application to which this rule applies must be made using the Part 18 procedure, subject to paragraphs (3) to (6) of this rule.
The person making an application to which this rule applies must within 28 days of filing the application apply to the court to give directions for the hearing of the application.
Where the person making an application to which this rule applies does not apply for directions under paragraph (3), then the person, or persons, in whose favour the conditional order was made may do so.
Rule 7.17(2) applies to an application to which this rule applies as it applies to an application for a matrimonial or civil partnership order.
Where an application to which this rule applies is made by the F2King’s Proctor—
the King’s Proctor may give written notice, to the court and to the party or parties in whose favour the conditional order was made, of the King’s Proctor’s intention to make an application to prevent conditional order being made final; and
where the King’s Proctor does so the application under paragraph (1) must be made within 21 days beginning with the date on which the notice is given.
Annotations
Textual amendments
- F1
Pt. 7 substituted (6.4.2022) by The Family Procedure (Amendment) Rules 2022 (S.I. 2022/44), rule 1(3)(a), Sch. (with rule 29); S.I. 2022/283, reg. 2
- F2
Word in rule 7.18(6) substituted (6.4.2023) by The Family Procedure (Amendment) Rules 2023 (S.I. 2023/61), rules 1(3), 6