Explanatory note

(This note is not part of the Rules)

These Rules amend the Family Proceedings Rules 1991 (S.I. 1991/1247) in order to implement the Civil Partnership Act 2004 (c. 33), which received Royal Assent on 18 November 2004. They also make changes consequential to amendments to the Children Act 1989 (c. 41) made by sections 112 and 115 of the Adoption and Children Act 2002 (c. 38).

Section 112 of the 2002 Act inserts section 4A into the Children Act 1989 to enable a step-parent to acquire parental responsibility for a child of his spouse or civil partner. Section 115(1) of that Act inserts new sections 14A to 14G into the 1989 Act to provide for special guardianship orders.

These Rules also make amendments to the procedure relating to the disclosure of pension assets in ancillary relief proceedings as prescribed by the Family Proceedings Rules 1991.

The table below sets out the effect of the amendments that these Rules make to the Family Proceedings Rules 1991. The amendments create procedures for proceedings relating to civil partnerships similar to those which currently exists for comparable proceedings relating to marriage and make provision for the procedure which applies to an application for a special guardianship order (“SGO”) or an order giving a step-parent parental responsibility.

Table

Rule number	FPR rule number	Effect of amendment on existing rule
2	Arrangement of Rules	Provides a new Arrangement of Rules in consequence of other amendments.
3	1.2(1)	Provides new definitions of existing defined terms and inserts new ones in consequence of the other changes made by these rules.
4	1.4	Makes provision for civil partnership proceedings pending in the principal registry to be treated as though they were pending in a civil partnership proceedings county court.
5		Provides amended heading referring to civil partnership causes as well as to matrimonial causes.
6	2.1	Applies Part II to civil partnership causes (by virtue of the new definition of “cause” in rule 1.2), to applications for financial relief in the High Court or a county court in connection with a civil partnership (except applications under Part 9 (failure to maintain), Part 12 (arrears and repayments) and paragraphs 69 and 73 (applications to alter agreements) of Schedule 5 to the Act of 2004) and to the procedure for complying with section 63 of the Act of 2004.
7	2.2(2)	a) Requires (by virtue of the new definition of “cause” in rule 1.2) applications for dissolution, nullity of civil partnership or separation orders to be begun by petition. b) Includes such a petition in the list of petitions to which a statement must be attached if it is disclosed in the petition that there is a minor child of the family.
8	2.6	Makes provision for the presentation and filing of a petition in a civil partnership cause.
9	2.6A	a) Requires a petition for nullity of civil partnership on the ground of issue of an interim gender recognition certificate usually to be accompanied by a copy of that interim certificate. b) Requires notice of such a petition to the Secretary of State and provides for the form of that notice.
10	2.6B	Requires that a petition for nullity of civil partnership on the ground that the respondent’s gender was the acquired gender at the time of the marriage usually be accompanied by a copy of the full gender recognition certificate.
11	2.9	Provides that the rule about deemed service in rule 2.9(6) does not apply were a petition alleging only two years separation and consent does not apply without the respondent’s written consent to the granting of a decree.
12	2.9A	Requires that an acknowledgment of service of a petition brought on a ground relating to gender recognition usually be accompanied by a gender recognition certificate if such a certificate has been issued to the respondent.
13	2.10	Makes provisions about the consent or otherwise of a respondent to a petition for a dissolution order on the basis of two years' separation and consent.
14	2.12	Makes provision about the filing of an answer in a civil partnership cause.
15	2.12A	Makes equivalent provision in relation to an answer requesting an order for nullity of civil partnership on the ground of issue of an interim gender recognition certificate to that made by rule 9 in respect of a petition.
16	2.12B	Makes equivalent provision in relation to an answer requesting an order for nullity of civil partnership on the ground that the respondent’s gender was the acquired gender at the time of the marriage usually be accompanied by a copy of the full gender recognition certificate to that made by rule 10 in respect of a petition.
17	2.13(2)	Makes provision about the contents of replies in civil partnership causes.
18	2.13A	Requires that a reply to an answer praying for an order of nullity on a ground relating to gender recognition usually be accompanied by a gender recognition certificate if such a certificate has been issued to the respondent.
19	2.15	Makes provision about the contents of answers in civil partnership proceedings.
20	2.17	Makes provision for the use of the correct form in civil partnership proceedings.
21	2.21(3)	Refers to a designated county court instead of a divorce county court so that the provisions of the rule apply to a civil partnership proceedings county court as well as to a divorce county court.
22	2.22	Amends the heading to make clear that medical examinations only apply to proceedings for nullity of marriage.
23	2.24	a) Makes provision about directions for trial in a civil partnership cause, including making provision for the application of the special procedure in civil partnership causes for dissolution, separation and nullity of civil partnership on the ground that an interim recognition certificate has been issued to one of the parties. b) Applies the special procedure to matrimonial causes for nullity of marriage on that ground.
24	2.26	Amends the heading of the rule so that the provisions of the rule are extended to a defended civil partnership cause where the unreasonable behaviour of the respondent is alleged.
25		Inserts new rule 2.27AA making provision about the procedure to be followed where the question arises whether civil partnership proceedings should be stayed under the Family Proceedings (Civil Partnership: Staying of Proceedings) Rules 2005.
26	2.30	Applies provisions about issue of witness summons and writs of subpoena to civil partnership causes.
27	2.32	Makes provision about the mode and place of trial of civil partnership causes and related issues.
28	2.34(1)	Extends the provisions of the paragraph so that it allows a district judge of the place where a matter is set down for trial to exercise, in certain circumstances, the jurisdiction of the district judge for registry in which cause is proceeding.
29	2.36	(a) Makes provision for the disposal of civil partnership causes in the special procedure list. (b) Inserts a new paragraph (5) to exclude the provisions of paragraph (4) from proceedings for an order for nullity of marriage and nullity of civil partnership where an interim gender recognition certificate has been issued to the respondent, unless the court has given leave.
30	2.37(3)	Provides for notice to be given to respondent, co-respondent or party cited in certain circumstances where the court is considering making an order for costs in proceedings following a conditional order of dissolution or an order of separation.
31	2.38(2)	Makes reference to consideration by the district judge of the provisions of section 63 of the Act of 2004.
32	2.39	Provides the procedure to be followed in order to comply with section 63 of the Act of 2004.
33	2.41	Refers to a designated county court instead of a divorce county court so that the provisions of the paragraph apply to a civil partnership proceedings county court as well as to a divorce county court.
34	2.42	Makes provision about applications for re-hearings of civil partnership causes.
35	2.43	Makes provision about the drawing up of:— a) a civil partnership order, b) an order made in a designated county court, c) an order made in a dissolution town.
36	2.44	Makes provision about applications for rescission of conditional dissolution orders.
37	2.45	Provides the procedure for an application by a respondent to a petition for dissolution for the court to consider his financial position after the dissolution and prescribes Form B for use in civil partnership proceedings.
38	2.46	Provides the procedure for interventions by the Queen’s Proctor to show cause against a conditional order being made final.
39	2.47	Provides the procedure for intervention to show cause by a person other than the Queen’s Proctor to a civil partnership cause.
40	2.48	Allows for rescission of a conditional order or a separation order where there has been a reconciliation between the civil partners.
41	2.49	Prescribes Form M8 for use by a civil partner for an application to make final a conditional order pronounced in his favour and provides the procedure for such an application.
42	2.50	Makes provision about application for a final order in certain cases.
43		New rules 2.51A requiring the provision to the parties of the order making a conditional order final and making provision about a central register of final orders.
44	2.51B	Renumbers rule and applies rules 2.51D to 2.70 to any application under section 48(2) of the Act of 2004 and (by virtue of definition changes) to ancillary relief in a civil partnership cause.
45, 46	2.51C and D	Renumbers rules
47	2.53(1)	Provides for manner of making applications for maintenance pending outcome of proceedings.
48	2.54(1)(d)	Corrects an error in this rule.
49	2.57(1)	Allows for a child to be separately represented in ancillary relief applications in civil partnership causes.
50	2.61(1)	Makes provision about information to be lodged on an application for a consent order for financial relief in a civil partnership cause.
51	2.61A	Prescribes Form A as the form of application in civil partnership proceedings and makes provision about the contents and filing of the form and the fixing of a first appointment in those proceedings.
52	2.61D	Allows the District Judge at the First Appointment Hearing to direct any party with pension assets to file and serve the Pension Inquiry Form (Form P).
53	2.66	Provides the procedure for arrangements for hearing of applications by a judge in a civil partnership cause.
54	2.67	Provides the procedure to be followed on a request for periodical payments at the same rate as an order for maintenance pending outcome of proceedings in a civil partnership cause and prescribes Form I and Form H for use in civil partnership proceedings.
55	2.68	Provides the procedure for an application under paragraph 74(2) of Schedule 5 to the Act of 2004.
56	2.69F(1)	Makes provision about applications for maintenance pending outcome of proceedings.
57	2.70	Makes particular provision about applications seeking pension sharing orders and pension attachment orders. Rule 2.70(2) is amended to remove the obligation on parties to furnish the information referred to in regulation 3(b) to (f) of the Pensions on Divorce etc (Provision of Information) Regulations 2000 (S.I. 1048/2000) at the outset of the proceedings. The information will be contained in the Pension Inquiry Form (Form P). Rule 2.70(8) is amended to make clear that paragraph (8) applies to the party with the pension rights. Sub-paragraph 13(b) prescribes the Pension Sharing Annex (Form P1) and the Pension Attachment Annex (Form P2). Paragraphs (14) and (15) are removed from rule 2.70. Paragraph (16) is amended to allow the court to direct that one of the parties sends the specified documentation to the person responsible for the pension arrangement.
58	3.1	Provides the procedure for an application in the case of failure to provide reasonable maintenance in relation to a civil partnership and prescribes Forms M6, M19 and M20 to such an application.
59	3.2	Provides the procedure for applications for alteration of maintenance agreement during the lifetime of the parties to a civil partnership and prescribes Form M21 for use on such an application.
60	3.3	Prescribes the use of Form M22 as the form of application for alteration of maintenance agreement after the death of one party to a civil partnership and makes provision the contents of the affidavit filed in support of such an application.
61	3.5	Applies the provisions listed in sub-paragraphs (a) – (c) to an application under paragraph 69 or 73 of Schedule 5 to the Act of 2004.
62	3.6	Provides the procedure for an application under section 66 of the Act of 2004 and prescribes Form M23 for use in an application under that section.
63	3.7	Provides for an application under section 66 of the Act of 2004 to be made to the principal registry as if the principal registry was a civil partnership proceedings county court.
64	3.8	Makes reference to civil partners, as the Act of 2004 amends Part IV of the Family Law Act 1996 to apply where the parties are civil partners of each other and applies paragraph 7 of Appendix 4 to such applications.
65	3.12(1)(d)	Refers to the possibility that previous proceedings may have related to the civil partnership status of either of the parties.
66		Inserts a new rule to set out the procedure for applications under section 58 of the Act of 2004 for declaration as to civil partnership status.
67	3.13	Substitutes “parent” for “mother and father”.
68	3.15(4)(a)	Inserts a reference to section 67 of the Adoption and Children Act 2002 (this amendment is consequential to the implementation of the Act).
69	3.16	Provides references to declarations regarding status under the Act of 2004.
70	3.17	Provides the procedure for an application for leave under paragraph 4 of Schedule 7 to the Act of 2004 and prescribes Form M25 for use in civil partnership proceedings.
71	3.18	Provides the procedure relating to an application under Schedule 7 of the Act of 2004 and prescribes Forms M26 and M28 for use in an application under that provision.
72	3.19	Provides the procedure for an application under paragraph 17 of Schedule 7 to the Act of 2004 and prescribes Form M27 for an application made under that provision.
73		Inserts a new rule to set out the procedure relating to consent to the registration of a civil partnership of a child.
74	3.24(4)	Includes an application for an order of nullity of civil partnership in paragraph (4) so that, if the applicant knows that the respondent is a party to a cause in which such an application is made, he must comply with sub-paragraphs (i) and (ii).
75	4.1	Inserts a definition of a SGO and inserts statutory references to the new sections in the Children Act 1989 in relation to step-parent parental responsibility orders and SGOs in the list of proceedings to which the Rules apply.
76	4.3(2)	Provides that the local authority that is preparing, or has prepared, the report under section 14A(8) or (9) (report on suitability of applicant to be a special guardian) (“the report”) to be notified that the leave of the court has been granted to bring an application for a SGO or that a date for hearing such a request has been fixed.
77	4.5(4)(a)(iii) and (b)	Provides that the local authority that is preparing, or has prepared the report to be notified that the court has granted leave to withdraw an application for a SGO or set a date for the hearing of such a request.
78	4.6(3)(a) and (b), (4)(c) and (5)	Provides that the local authority that is preparing, or has prepared the report to be notified that the court has transferred the proceedings for a SGO to another court or has set a date for a hearing about whether there should be such a transfer.
79	4.7(3)	Provides that the local authority that is preparing, or has prepared the report to be notified that the court has granted a request for a person to be joined as a party or has set a date for the consideration of such a request or a request to cease to be a party.
80	4.9	Requires each respondent to an application for a SGO to file an acknowledgement of the application.
81	4.11A(7)(b)	Provides that the local authority that is preparing, or has prepared the report is served with a copy of any report prepared by the children’s guardian.
82	4.11B(2)(b)(ii), 4.13(1)	Provides that the local authority that is preparing, or has prepared the report is served with a copy of any report prepared by a welfare officer or children and family reporter.
83	4.14	Provides that the local authority that is preparing, or has prepared the report to be informed of directions made by the court in connection with an application for a SGO and to apply for directions to be given, varied or revoked.
84	4.15(2)(c)(ii)	Provides that the local authority that is preparing, or has prepared the report to be informed of the date fixed for the next stage of the proceedings in the application for a SGO.
85	4.17	Provides that the local authority that is preparing, or has prepared the report to be served with the evidence upon which a party intends to rely in connection with their application for a SGO.
86	4.17A	Inserts a new rule requiring the local authority has prepared the report to file that report and requiring the court to consider whether the report, or parts of it, should be disclosed to the parties.
87	4.21	Permits a party to whom the report has been disclosed to question the person who prepared the report at the hearing at which it is considered and requires a copy of any SGO to be served on the local authority that prepared the report.
88	4.21A	Enables a SGO to be enforced.
89	4.22(2)	In the event of an appeal in relation to a SGO, requires notice of the appeal to be served on the local authority that prepared the report.
90	5.4(1)(b)	Inserts a reference to an application to place a child for adoption. This amendment is consequential upon the implementation of the Adoption and Children Act 2002 and means that permission of the court must be obtained to make an application to place a child for adoption when the child is a ward of court.
91	7.1	Provides for the enforcement of orders for the payment of money made in a civil partnership proceedings county court.
92	7.2(3)	Refers to a designated county courts in order make provision about committal and injunctions in a civil partnership proceedings county court.
93	7.3(1)	Refers to a designated county court in order to provide for an application for a transfer of an order from a civil partnership proceedings county court to the High Court.
94	7.4	Includes a civil partnership proceedings county court as a court in which an application for a judgement summons may be made and makes further provision about such applications to the High Court.
95	7.6	Refers to a designated county court in order to apply the provisions of the rule to judgment summonses in a civil partnership proceedings county court.
96, 97, 98	7.40, 7.41, 7.48	Ensures that the rules in respect of the procedure for registration of a judgment apply equally for overseas judgments where the Civil Partnership (Jurisdiction and Recognition of Judgments) Regulations 2005 applies, as it does to judgments to which Council Regulation (EC) 2201/2003 applies. Provides a new title of rule 7.48 so it more accurately reflects the contents of the provision.
99	7.53	Corrects an error in this rule.
100	8.2(9)(b)	Provides that an appeal from an order under Schedule 6 to the Act of 2004 may be heard at a dissolution town in certain circumstances.
101	9.4	Makes provision about petitions for nullity of civil partnership on grounds of mental disorder.
102	9.5	Adds reference to new Appendix 4 of the FPR.
103	10.4	Refers to a designated county court in order to apply the provision of the rule to service by bailiff in a civil partnership proceedings county court.
104	10.6	Refers to a designated county court in order to apply CCR Order 8, rules 8 to 10 to proceedings pending in a civil partnership proceedings county court and amends existing references to forms.
105	10.8(1)	Amends existing rule to refer to new civil partnership forms.
106	10.9(b)	Provides that an application pending in a civil partnership proceedings county court shall be made in accordance with CCR Order 13, rule 1.
107	10.10	Inserts a paragraph to make provision for a cause pending in civil partnership proceedings county court to be transferred to another civil partnership proceedings county court.
108	10.11	Refers to a designated county court in order to apply the provisions of the rule to a transfer of proceedings involving a civil partnership proceedings county court.
109	10.13	Refers to a designated county court in order to apply the procedure relating to the taking of affidavit in a civil partnership proceedings county court.
110	10.14	Sets out the documents that must evidence the formation of a civil partnership outside England and Wales and makes provision relating to the Evidence (Foreign, Dominion and Colonial Documents) Act 1933 for proof of civil partnership.
111	10.16	Applies the provisions of the rule to a conditional order and a final order made in a civil partnership cause.
112	10.19	Applies the provision of the rule to a civil partnership proceedings county court.
113	10.20	Extends the provision of the rule to apply to a civil partnership order and applies new paragraph of Appendix 4.
114	10.20A	Extends the provision of the rule to enable communication of information relating to proceedings to civil partners and amends the definition of “cohabitant” to include reference to those living together as though they were civil partners.
115	10.21B	Includes documents in proceedings for nullity of civil partnership on a ground relating to gender recognition to the provision relating to storage.
116	10.22	Includes a civil partnership proceedings county court in the provision relating to practice to be observed.
117	Appendix 1	Amends existing forms and inserts new ones to provide for applications relating to civil partnerships, step-parent parental responsibility orders, SGOs and the disclosure of pension assets in Form M1.
118	Appendix 1A	Amends existing forms to provide for applications relating to civil partnerships and the insertion of new forms P, P1 and P2 regarding pension assets in ancillary relief proceedings.
119(a)	Paragraph 1 of Appendix 2	Prescribes the contents of a petition filed for dissolution, nullity of civil partnership or separation.
119(b)	Paragraph 2 of Appendix 2	Provides the requirements relating to a petition for nullity of civil partnership under section 50(1)(c) or (e) of the Act of 2004.
119(c)	Paragraph 3 of Appendix 2	Prescribes the contents of a petition for presumption of death and dissolution of civil partnership.
120	Appendix 3	Adds the child as a respondent to an application for a SGO if a care order is in force and makes provision for the people who must be served with a copy of such an application or an application for a step-parent parental responsibility order and the period of notice they must be given.
121		Inserts new Appendix 4. This Appendix contains a modified version of the old (pre-1999) ancillary relief rules which will apply to certain applications governed by Part III.
122, 123		Provide consequential and transitional provision.