Rule 117 Amendments to the 1991 Rules

In Appendix 1—

(a)

in the list of forms—

(i)

after the entry relating to Form M5, in the first column insert “M5A” and in the second column insert “Notice of Proceedings: Civil Partnership Act 2004”;

(ii)

after the entry relating to Form M6, in the first column insert “M6A” and in the second column insert “Acknowledgement of Service: Civil Partnership Act 2004”;

(iii)

after the entry relating to Form M9, in the first column insert “M9A” and in the second column insert “Order Making Conditional Order for Dissolution Final”;

(iv)

after the entry relating to Form M10, in the first column insert “M10A” and in the second column insert “Order Making Conditional Nullity Order Final”;

(v)

after the entry relating to Form M29, in the first column insert “M29A” and in the second column insert “Declaration as to Civil Partnership Status under Section 58 of the Civil Partnership Act 2004”;

(vi)

after the entry relating to Form C13, in the first column insert “C13A”, in the second column insert “Supplement”, and in the third column insert “for an application for a Special Guardianship Order”; and

(vii)

after the entry relating to Form C43, in the first column insert “C43A”, in the second column insert “Order”, and in the third column insert “Special Guardianship Order”;

(b)

for Form M1 substitute Form M1 as set out in Schedule 1 to these Rules;

(c)

in Form M4—

(i)

after “petition for divorce” insert “or dissolution”;

(ii)

for “husband/wife” each time it appears substitute “spouse/civil partner”; and

(iii)

for “divorce petition”, each time it appears, substitute “petition for divorce or dissolution”;

(d)

after Form M5 insert Form M5A (Notice of Proceedings: Civil Partnership Act 2004) as set out in Schedule 1 to these Rules;

(e)

after Form M6 insert Form M6A (Acknowledgement of Service: Civil Partnership Act 2004) as set out in Schedule 1 to these Rules;

(f)

after Form M7(e) insert—

(i)

Form M7(f) (affidavit by petitioner in support of petition under section 12(g) of, or paragraph 11(1)(e) of Schedule 1 to, the Act of 1973, or section 50 (1)(d) of the Act of 2004); and

(ii)

Form M7(g) (affidavit by petitioner in support of petition under section 44(5) of the Act of 2004

as set out in Schedule 1 to these Rules;

(g)

for Form M8 substitute Form M8 as set out in Schedule 1 to these Rules;

(h)

after Form M9 insert Form M9A (Order Making Conditional Order for Dissolution Final) as set out in Schedule 1 to these Rules;

(i)

after Form M10 insert Form M10A (Order Making Conditional Nullity Order Final) as set out in Schedule 1 to these Rules;

(j)

in Form M16—

(i)

omit “(Divorce)”; and

(ii)

for “divorce county court” substitute “designated county court”;

(k)

in Form M19—

(i)

in the heading, for “In the Matter of an Application under section 27 of the Matrimonial Causes Act 1973” substitute—

“[In the Matter of an Application under section 27 of the Matrimonial Causes Act 1973]

[In the Matter of an Application under Part 9 of Schedule 5 to the Civil Partnership Act 2004]”; and

(ii)

for “the wife [husband]” substitute “the spouse [civil partner]”;

(l)

in Form M20—

(i)

for “NOTICE OF APPLICATION UNDER RULE 3.1 OR 3.2” substitute “NOTICE OF APPLICATION ON GROUND OF FAILURE TO PROVIDE REASONABLE MAINTENANCE OR FOR ALTERATION OF MAINTENANCE DURING PARTIES' LIFETIME”; and

(ii)

after “section 35 of the Matrimonial Causes Act 1973]” insert—

“[In the Matter of an Application under Part 9 of Schedule 5 to the Civil Partnership Act 2004][In the Matter of an Application under paragraph 69 of Schedule 5 to the Civil Partnership Act 2004]”;

(m)

in Form M21—

(i)

in the heading, for “In the Matter of an Application under section 35 of the Matrimonial Causes Act 1973” substitute—

“[In the Matter of an Application under section 35 of the Matrimonial Causes Act 1973]

[In the Matter of an Application under paragraph 69 of Schedule 5 to the Civil Partnership Act 2004]”; and

(ii)

in paragraph 1, for “wife [or husband]” substitute “spouse [or civil partner]”;

(iii)

for paragraph 3 substitute—

“3.

On [insert date], I [was lawfully married to the respondent at][formed a civil partnership with the respondent at] .”; and

(iv)

in paragraph 5, after “marriage” insert “[civil partnership]”;

(n)

in Form M22, in the heading,

(i)

omit “(Divorce)”; and

(ii)

for “In the Matter of an Application by under section 36 of the Matrimonial Causes Act 1973” substitute—

“[In the Matter of an Application under section 36 of the Matrimonial Causes Act 1973]

[In the Matter of an Application under paragraph 73 of Schedule 5 to the Civil Partnership Act 2004]”;

(o)

in Form M23, in the heading,

(i)

for “ORIGINATING SUMMONS UNDER SECTION 17 OF THE MARRIED WOMEN'S PROPERTY ACT 1882 [OR SECTION 1 OF THE MATRIMONIAL HOMES ACT 1983]” substitute—

“ORIGINATING SUMMONS UNDER SECTION 17 OF THE MARRIED WOMEN'S PROPERTY ACT 1882 [OR SECTION 66 OF THE CIVIL PARTNERSHIP ACT 2004]”; and

(ii)

for “In the Matter of an Application by under section 17 of the Married Women’s Property Act 1882[or section 1 of the Matrimonial Homes Act 1983]” substitute—

“[In the Matter of an Application under section 17 of the Married Women’s Property Act 1882]

[In the Matter of an Application under section 66 of the Civil Partnership Act 2004]”;

(p)

in Form M23A—

(i)

in the paragraph beginning “TAKE NOTICE THAT”, after “[under section 17 of the Married Women’s Property Act 1882]” insert, on a new line, “— [under section 66 of the Civil Partnership Act 2004]”; and

(ii)

in paragraph 5, after “Married Women’s Property Act 1882” insert “or under section 66 of the Civil Partnership Act 2004”;

(q)

in Form M25—

(i)

in the heading—

(aa)

for “EX PARTE ORIGINATING SUMMONS UNDER SECTION 13 OF THE MATRIMONIAL AND FAMILY PROCEEDINGS ACT 1984” substitute “EX PARTE ORIGINATING SUMMONS UNDER SECTION 13 OF THE MATRIMONIAL AND FAMILY PROCEEDINGS ACT 1984 [OR PARAGRAPH 4 OF SCHEDULE 7 TO THE CIVIL PARTNERSHIP ACT 2004]”; and

(bb)

for “In the matter of an Application under section 13 of the Matrimonial and Family Proceedings Act 1984” substitute—

“[In the matter of an Application under section 13 of the Matrimonial and Family Proceedings Act 1984]

[In the matter of an Application under paragraph 4 of Schedule 7 to the Civil Partnership Act 2004]”; and

(ii)

in the body of the form, after “1984” insert “[under Schedule 7 to the Civil Partnership Act 2004]”;

(r)

in Form M26—

(i)

in the heading—

(aa)

for “ORIGINATING SUMMONS UNDER SECTION 12 OF THE MATRIMONIAL AND FAMILY PROCEEDINGS ACT 1984” substitute “ORIGINATING SUMMONS UNDER SECTION 12 OF THE MATRIMONIAL AND FAMILY PROCEEDINGS ACT 1984 [OR PARAGRAPH 2 OF SCHEDULE 7 TO THE CIVIL PARTNERSHIP ACT 2004]”; and

(bb)

for “In the matter of an Application under section 12 of the Matrimonial and Family Proceedings Act 1984” substitute—

“In the matter of an Application—

- under section 12 of the Matrimonial and Family Proceedings Act 1984

- under paragraph 2 of Schedule 7 to the Civil Partnership Act 2004”;

(s)

in Form M27

(i)

in the heading—

(aa)

for “ORIGINATING SUMMONS UNDER SECTION 24 OF THE MATRIMONIAL AND FAMILY PROCEEDINGS ACT 1984” substitute “ORIGINATING SUMMONS UNDER SECTION 24 OF THE MATRIMONIAL AND FAMILY PROCEEDINGS ACT 1984 [OR PART 2 OF SCHEDULE 7 TO THE CIVIL PARTNERSHIP ACT 2004]”; and

(bb)

for “In the matter of an Application under section 24 of the Matrimonial and Family Proceedings Act 1984” substitute—

“[In the matter of an Application under section 24 of the Matrimonial and Family Proceedings Act 1984]

[In the matter of an Application under Part 2 of Schedule 7 to the Civil Partnership Act 2004”; and

(ii)

in the body of the form, after “1984” insert “[under Schedule 7 to the Civil Partnership Act 2004]”;

(t)

after Form M29 insert Form M29A (Declaration as to Civil Partnership Status under Section 58 of the Civil Partnership Act 2004) as set out in Schedule 1 to these Rules;

(u)

omit Form M32;

(v)

in Form M33—

(i)

in the heading omit “(Divorce)”; and

(ii)

in paragraph 3, for “wife/husband” substitute “petitioner/respondent”;

(w)

in Form C1, in paragraph 10—

(i)

for “mother and father” substitute “parents”; and

(ii)

after “married to each other” insert “or civil partners of each other”;

(x)

in Form C10A—

(i)

in paragraph 1, after “married,” insert “in a civil partnership,”;

(ii)

in paragraph 2, after “spouse,” insert “civil partner,”;

(y)

after Form C13 insert Form C13A (Supplement for an application for a Special Guardianship Order) as set out in Schedule 1 to these Rules;

(z)

after Form C43 insert Form C43A (Special Guardianship Order) as set out in Schedule 1 to these Rules;

(aa)

in Form C44 after “[13(1)]”, each time it occurs, insert “[14C(3)]”;

(bb)

in Form C45—

(i)

for “Section 4(1)” substitute “Section [4(1)] [4A(1)]”; and

(ii)

for “Section 4(2A)” substitute “Section [4(2A)] [4A(3)]”;

(cc)

for Form FL401 substitute Form FL401 as set out in Schedule 1 to these Rules;

(dd)

in Form FL402, in note 4—

(i)

after “marriage” insert “or civil partnership”;

(ii)

after “divorce proceedings etc)” insert, on a new line—

“or

under Part 2 of Schedule 5 to the Civil Partnership Act 2004 (property adjustment on or after dissolution, nullity or separation)”; and

(iii)

after “husband and wife” insert “or civil partners”;

(ee)

in the section following Form FL404 headed “Orders under Family Law Act 1996 Part IV”—

(i)

in paragraphs 2 and 3 omit “matrimonial”; and

(ii)

in paragraph 3 for “marriage” substitute “[marriage][civil partnership]”; and

(ff)

in Form FL416, omit “matrimonial” on each occasion that it appears.