Rule 7.19 Making conditional orders final by giving noticeF1

(1)

Unless rule 7.20 applies —

(a)

a party in whose favour a conditional order has been made may give notice to the court that they wish the conditional order to be made final;

(b)

both parties in whose favour a conditional order has been made may jointly give notice to the court that they wish the conditional order to be made final; or

(c)

subject to paragraph (2) below, where the conditional order is in favour of both parties, but the application is to proceed as a notice by one party only, that party may give notice to the court that they wish the conditional order to be made final.

(2)

The party giving notice to the court under paragraph (1)(c) must first give the other party to the marriage or civil partnership 14 days’ notice of their intention to give notice to the court that they wish the conditional order to be made final.

(3)

The party giving notice under paragraph (2) must file a certificate of service after serving the notice.

(4)

Subject to paragraphs (5) and (6), where the court receives a notice under paragraph (1) it will make the conditional order final if it is satisfied that—

(a)

no application for rescission of the conditional order is pending;

(b)

no appeal against the making of the conditional order is pending;

(c)

no order has been made by the court extending the time for bringing an appeal of the kind mentioned in sub-paragraph (b), or if such an order has been made, that the time so extended has expired;

(d)

no application for an order of the kind mentioned in sub-paragraph (c) is pending;

(e)

no application to prevent the conditional order being made final is pending;

(f)

the provisions of section 10(2) to (4) of the 1973 Act or section 48(2) to (4) of the 2004 Act do not apply or have been complied with;

(g)

any order under section 10A(2) of the 1973 Act has been complied with; and

(h)

where the conditional order was made on the ground in section 12(1)(g) of, or paragraph 11(1)(e) of Schedule 1 to, the 1973 Act, or was made under section 12A(3) of the 1973 Act in a case where section 12(1)(g) of the 1973 Act applies, or the conditional order was made under section 50(1)(d) of the 2004 Act—

(i)

there is not pending a reference under section 8(5) of the Gender Recognition Act 2004, or an application under section 8(5A) of that Act, in respect of the application on which the interim gender recognition certificate to which the application relates was granted;

(ii)

that interim certificate has not been revoked under section 8(6)(b) of that Act; and

(iii)

no appeal is pending against an order under section 8(6)(a) of that Act.

(5)

Where the notice is received more than 12 months after the making of the conditional order, it must include or be accompanied by an explanation in writing stating why the application has not been made earlier.

(6)

Where paragraph (5) applies, the court may—

(a)

require the applicant to verify the explanation with a statement of truth; and

(b)

make such order on the application as it thinks fit, but where it orders the conditional order to be made final that order is not to take effect until the court is satisfied that none of the matters mentioned in paragraph (4)(a) to (h) applies.

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