Rule 42 Amendments to the 1991 Rules

In rule 2.50—

(a)

in the heading, after “Decree absolute” insert “or final order”;

(b)

in paragraph (1)—

(i)

after “decree nisi to be made absolute” insert “or a conditional order to be made final”;

(ii)

in sub-paragraph (a), at the beginning of the sub-paragraph, insert “in a matrimonial cause,”;

(iii)

after sub-paragraph (a) insert—

“(aa)

in a civil partnership cause, where the Queen’s Proctor gives to the court and to the party in whose favour the conditional order was made a notice that he requires more time to decide whether to show cause against the conditional order being made final and the notice has not been withdrawn, or”;

(iv)

in sub-paragraph (b), after “made absolute” insert “or the conditional order is made final”;

(v)

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

(vi)

after “sub-paragraph (a)”, insert “or (aa)”; and

(c)

for paragraph (2) substitute—

“(2)

An application—

(a)

by a spouse for a decree nisi pronounced against him to be made absolute may be made to a judge or the district judge, and the summons by which the application is made (or, where the cause is pending in a divorce county court, notice of the application) shall be served on the other spouse not less than four clear days before the day on which the application is heard, or

(b)

by a civil partner for a conditional order pronounced against him to be made final may be made to a judge or the district judge, and the summons by which the application is made (or, where the cause is pending in a civil partnership proceedings county court, notice of the application) shall be served on the other civil partner not less than four clear days before the day on which the application is heard.”.