Rule 7.27 Nullity: filing an answerF1

(1)

Paragraph (2) applies where—

(a)

the application is for—

(i)

nullity of marriage under section 12(1)(d) of the 1973 Act;

(ii)

nullity of marriage under section 12A(3) of the 1973 Act in a case where section 12(1)(d) of the 1973 Act applies; or

(iii)

nullity of civil partnership under section 50(1)(b) of the 2004 Act; and

(b)

the respondent files an answer containing no more than a simple denial of the facts stated in the application.

(2)

The respondent must, if intending to rebut the matters stated in the application, give notice to the court of that intention when filing the answer.

(The form of the answer is referred to in Practice Direction 5A.)

(In relation to paragraph (1)(a)(ii), section 9(6) of the Marriage (Same Sex Couples) Act 2013 provides that where a civil partnership is converted into a marriage, the civil partnership ends on the conversion, and the resulting marriage is to be treated as having subsisted since the date the civil partnership was formed.)

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