{
  "url": "https://openlegislation.uk/family-proceedings-amendment-no-2-rules-northern-ireland-2005/article-43",
  "json_url": "https://openlegislation.uk/family-proceedings-amendment-no-2-rules-northern-ireland-2005/article-43.json",
  "legislation": "nisr/2005/497",
  "legislation_title": "The Family Proceedings (Amendment No. 2) Rules (Northern Ireland) 2005",
  "legislation_url": "https://openlegislation.uk/family-proceedings-amendment-no-2-rules-northern-ireland-2005",
  "path": "article/43",
  "kind": "article",
  "number": "43",
  "heading": "Amendment to the 1996 Rules",
  "text": "In rule 2.52 (Decree absolute on lodging notice)—\n(a) in the heading, after “Decree absolute” insert “or final order”;\n(b) for paragraph (1) substitute—\n“(1) Subject to rule 2.53(1), an application by—\n(a) a spouse to make absolute a decree nisi pronounced in his favour, or\n(b) a civil partner to make final a conditional order made in his favour,\nmay be made by lodging with the proper officer or chief clerk, as the case may be, notice in Form M10.”;\n(c) in paragraph (2)—\n(i) in sub-paragraph (a), after “decree”, in each place it appears, insert “or the conditional order”;\n(ii) in sub-paragraph (b), after “decree” insert “or the conditional order”;\n(iii) in sub-paragraph (e), at the beginning of the sub-paragraph insert “if the cause is a matrimonial cause,”;\n(iv) after sub-paragraph (e) insert—\n“(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;”;\n(v) in sub-paragraph (f)—\n(aa) after “decree” insert “or the conditional order, as the case may be”; and\n(bb) in head (iii) omit “and”;\n(vi) in sub-paragraph (g)—\n(aa) at the beginning insert “if the cause is a matrimonial cause,”; and\n(bb) for “with,” substitute “with”;\n(vii) after sub-paragraph (g) insert—\n“(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;\n(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—\n(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gender recognition certificate to which the petition relates was granted;\n(ii) that that interim certificate has not been revoked under section 8(6)(b) of that Act; and\n(iii) that no appeal is pending against an order under section 8(6)(a) of that Act.”.\n(viii) after “decree absolute”, the first time it appears, insert “or the conditional order final”; and\n(ix) in the part of paragraph (2) which begins “Provided that”—\n(aa) after “decree nisi” insert “or the conditional order”; and\n(bb) after “decree absolute” insert “or the conditional order final”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/2005/497/article/43",
    "retrieved_at": "2026-10-29T01:49:56.744185+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}