Rule 40 Amendments to the 1991 Rules

In rule 2.48—

(a)

in the heading, after “decree nisi” insert “or conditional order”;

(b)

for paragraph (1) substitute—

“(1)

Where a reconciliation has been effected between the petitioner and the respondent—

(a)

in a matrimonial cause—

(i)

after a decree nisi has been pronounced but before it has been made absolute, or

(ii)

after a decree of judicial separation has been pronounced; and

(b)

in a civil partnership cause—

(i)

after a conditional order has been made but before it has been made final, or

(ii)

after a separation order has been made,

either party may apply for an order rescinding that decree or order by consent.”; and

(c)

in paragraph (2)—

(i)

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

(ii)

after “spouse” insert “or civil partner, as the case may be,”; and

(iii)

after “decree” insert “or civil partnership order”.