Article 16 Amendment to the 1996 Rules

After rule 2.14 insert—

“Answer praying for decree or order of nullity on ground of issue of interim gender recognition certificate

2.14A

(1)

This rule applies to an answer under rule 2.14(1) which prays for—

(a)

a decree of nullity of marriage under Article 14(g) of, or paragraph 18(1)(e) of Schedule 3 to, the Order of 1978, and

(b)

an order for nullity of civil partnership under section 174(1)(d) of the Act of 2004.

(2)

The respondent shall file with his answer a copy of an interim gender recognition certificate issued to him or to the petitioner, as the case may be, unless otherwise directed on an application made ex parte.

(3)

The proper officer or chief clerk, as the case may be, shall give notice in writing to the Secretary of State of an answer to which this rule applies when it is filed.

(4)

A notice in writing under paragraph (3) shall state the names of the parties to the petition, its case number and the court in which it is pending.

(5)

Where a copy of an interim gender recognition certificate has been filed under paragraph (2), the notice under paragraph (3) shall be accompanied by a copy of that certificate.

(6)

Where a copy of the certificate has not been filed under paragraph (2), the notice given under paragraph (3) shall also state—

(a)

in a matrimonial cause—

(i)

the names of the parties to the marriage and the date and place of the marriage; and

(ii)

the last address at which the parties to the marriage lived together as husband and wife; and

(b)

in a civil partnership cause—

(i)

the names of the parties to the civil partnership and the date on and place at which the civil partnership was formed, and

(ii)

the last address at which the parties to the civil partnership lived together as civil partners of each other; and

(c)

in any case, such further particulars as the proper officer or chief clerk, as the case may be, considers appropriate.

Answer praying for decree or order of nullity on ground that petitioner’s gender had become acquired gender at time of marriage or civil partnership

2.14B

Where an answer under rule 2.14(1) prays for a decree of nullity under Article 14(h) of the Order of 1978 or an order for nullity of civil partnership under section 174(1)(e) of the Act of 2004 and a full gender recognition certificate has been issued to the petitioner, the respondent shall file a copy of that full certificate with his answer, unless otherwise directed on an application made ex parte.”.