Rule 9.26D Court officer to notify subsequent marriage or formation of civil partnership of a person entitled to payments under a maintenance orderF1

(1)

This rule applies where—

(a)

there is an order of a type referred to in paragraph (4) which requires payments to be made to the court or to an officer of the court; and

(b)

the court is notified in writing by—

(i)

the person entitled to receive payments under the order;

(ii)

the person required to make payments under the order; or

(iii)

the personal representative of such a person,

that the person entitled to receive payments under the order has subsequently married or formed a civil partnership.

(2)

The court officer will, where practicable, notify in writing the courts referred to in paragraph (3) of the notification of the subsequent marriage or formation of a civil partnership.

(3)

The courts to be notified are—

(a)

any other court which has made an order of a type referred to in paragraph (4);

(b)

in the case of a provisional order made under section 3 of the 1920 Act or section 3 of the 1972 Act, the court which confirmed the order;

(c)

if an order of a type referred to in paragraph (4) has been transmitted abroad for registration under section 2 of the 1920 Act or section 2 of the 1972 Act, the court in which the order is registered; and

(d)

any other court in which an application to enforce the order has been made.

(4)

The orders are—

(a)

those to which the following provisions apply—

(i)

section 38 of the 1973 Act;

(ii)

section 4(2) of the 1978 Act;

(iii)

paragraph 65 of Schedule 5 to the 2004 Act; and

(iv)

paragraph 26(2) of Schedule 6 to the 2004 Act; and

(b)

an attachment of earnings order made to secure payments under an order referred to in sub-paragraph (a).

(5)

In this rule—

“the 1920 Act” means the Maintenance Orders (Facilities for Enforcement) Act 1920; and
“the 1972 Act” means the Maintenance Orders (Reciprocal Enforcement) Act 1972.

Annotations

Textual amendments

F1: Rules 9.26C-9.26E inserted (22.4.2014) by The Family Procedure (Amendment No. 2) Rules 2014 (S.I. 2014/667), rules 1, 13 (with rule 45)