Rule 7.29 Medical examinations in proceedings for nullity of a marriage of an opposite sex coupleF1
Where the application is for a nullity of marriage order of an opposite sex couple on the ground of incapacity to consummate or wilful refusal to do so, the court must determine whether medical examiners should be appointed to examine the parties or either of them.
The court must only appoint medical examiners under paragraph (1) where it considers that it is necessary for the proper disposal of the case.
The person to be examined must, in the presence of the medical examiner, sign a statement identifying that person as the party to whom the order for examination applies.
The medical examiner must certify on the same statement that it was signed in his or her presence by the person who has been examined.
The person who carries out the examination must prepare a report and file it with the court by the date directed by the court.
Either party is entitled to see a copy of a report filed under paragraph (5).
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