Article 43 Amendment to the 1996 Rules

In rule 2.52 (Decree absolute on lodging notice)—

(a)

in the heading, after “Decree absolute” insert “or final order”;

(b)

for paragraph (1) substitute—

“(1)

Subject to rule 2.53(1), an application by—

(a)

a spouse to make absolute a decree nisi pronounced in his favour, or

(b)

a civil partner to make final a conditional order made in his favour,

may be made by lodging with the proper officer or chief clerk, as the case may be, notice in Form M10.”;

(c)

in paragraph (2)—

(i)

in sub-paragraph (a), after “decree”, in each place it appears, insert “or the conditional order”;

(ii)

in sub-paragraph (b), after “decree” insert “or the conditional order”;

(iii)

in sub-paragraph (e), at the beginning of the sub-paragraph insert “if the cause is a matrimonial cause,”;

(iv)

after sub-paragraph (e) insert—

“(ea)

if the cause is a civil partnership cause, that the court has complied with section 186(1) of the Act of 2004 and has not given any direction under section 186(2) of that Act;”;

(v)

in sub-paragraph (f)—

(aa)

after “decree” insert “or the conditional order, as the case may be”; and

(bb)

in head (iii) omit “and”;

(vi)

in sub-paragraph (g)—

(aa)

at the beginning insert “if the cause is a matrimonial cause,”; and

(bb)

for “with,” substitute “with”;

(vii)

after sub-paragraph (g) insert—

“(h)

if the cause is a civil partnership cause, that the provisions of section 172(2) to (5) of the Act of 2004 do not apply or have been complied with;

(i)

where the decree nisi was pronounced on the ground in Article 14(g) of, or paragraph 18(1)(e) of Schedule 3 to, the Order of 1978—

(i)

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

(ii)

that that interim certificate has not been revoked under section 8(6)(b) of that Act; and

(iii)

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

(viii)

after “decree absolute”, the first time it appears, insert “or the conditional order final”; and

(ix)

in the part of paragraph (2) which begins “Provided that”—

(aa)

after “decree nisi” insert “or the conditional order”; and

(bb)

after “decree absolute” insert “or the conditional order final”.