# The Family Proceedings (Amendment) (No. 5) Rules 2005, 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”.

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Source: https://www.legislation.gov.uk/uksi/2005/2922/rule/40 (the official version)
Page: https://openlegislation.uk/family-proceedings-amendment-no-5-rules-2005/rule-40
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.