Rule 57 Amendments to the 1991 Rules

In rule 2.70—

(a)

for paragraph (2) substitute—

“(2)

When the court fixes a first appointment as required by rule 2.61A(4)(a),

(a)

in a matrimonial cause, the party with pension rights, and

(b)

in a civil partnership cause, the civil partner with pension rights,

shall within seven days after receiving notification of the date of that appointment, request the person responsible for each pension arrangement under which he has or is likely to have benefits to furnish the information referred to in regulation 2(2) of the Pensions on Divorce etc (Provision of Information) Regulations 2000.”;

(b)

in paragraph (3)—

(i)

after “party with pension rights” insert “or civil partner with pension rights, as the case may be,”; and

(ii)

after “other party” insert “or civil partner”;

(c)

in paragraph (4), after “party with pension rights” insert “or the civil partner with pension rights”;

(d)

in paragraph (6)—

(i)

for “including provision to be made under section 24B (pension sharing) of the Act of 1973” substitute “which includes a request for a pension sharing order”; and

(ii)

for “such provision” substitute “such an order”;

(e)

in paragraph (7)—

(i)

for “including provision to be made under section 25B or 25C (pension attachment) of the Act of 1973, or upon adding a request for such provision to an existing application” substitute “which includes an application for a pension attachment order, or upon adding a request for such an order to an existing application”; and

(ii)

after “the Divorce etc (Pensions) Regulations 2000” insert “or the Dissolution etc (Pensions) Regulations 2005^f1, as the case may be,”;

(f)

in paragraph (8)—

(i)

for “the applicant”, the first time it appears, substitute “the party or civil partner with the pension rights, as the case may be,”;

(ii)

for “the applicant”, the second time it appears, substitute “that party or civil partner”; and

(iii)

for “a copy of section 2.16 of the statement in Form E supporting his application” substitute “a copy of section 2.13 of his Form E”;

(g)

in paragraph (9), for “2.16” substitute “2.13”;

(h)

in paragraph (11), for “including provision under section 25B or 25C (pension attachment) of the Act of 1973” substitute “and the agreement includes a pension attachment order”;

(i)

in paragraph (13)—

(i)

for “including provision under section 24B (pension sharing), 25B or 25C (pension attachment) of the Act of 1973” substitute “which includes a pension sharing order or a pension attachment order”; and

(ii)

in sub-paragraph (b), for “be accompanied by an annex containing the information set out in paragraph (14) or (15)” substitute “be accompanied by an annex in Form P1 (Pension Sharing annex) or Form P2 (Pension Attachment annex)”;

(j)

omit paragraphs (14) and (15);

(k)

in paragraph (16)—

(i)

for “an order including provision under section 24B (pension sharing), 25B or 25C (pension attachment) of the Act of 1973” substitute “a pension sharing order or a pension attachment order”;

(ii)

after “send” insert “, or direct one of the parties to send,”;

(iii)

for sub-paragraph (a) substitute—

“(a)

a copy of—

(i)

in a matrimonial cause, the decree of divorce, nullity of marriage or judicial separation; or

(ii)

in a civil partnership cause, the conditional order of dissolution, nullity of civil partnership or the order of separation;”; and

(iv)

for sub-paragraph (b) substitute—

“(b)

in the case of—

(i)

divorce or nullity of marriage, a copy of the certificate under rule 2.51 that the decree has been made absolute; or

(ii)

dissolution or nullity of civil partnership, a copy of the order making the conditional order final under rule 2.51A; and”;

(l)

for paragraph (17), substitute—

“(17)

The documents referred to in paragraph (16) shall be sent—

(a)

in a matrimonial cause, within 7 days after—

(i)

the making of the relevant pension sharing or pension attachment order; or

(ii)

the decree absolute of divorce or nullity or decree of judicial separation,

whichever is the later; and

(b)

in a civil partnership cause, within 7 days after—

(i)

the making of the relevant pension sharing or pension attachment order; or

(ii)

the final order of dissolution or nullity or order of separation,

whichever is the later.”; and

(m)

in paragraph (18)(a)—

(i)

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

(ii)

after sub-paragraph (a) insert—

“(ab)

in a civil partnership cause, all words and phrases defined in paragraphs 16(4) to (5) and 29 of Schedule 5 to the Act of 2004 have the meanings assigned by those paragraphs;” and

(iii)

after paragraph (b), insert—

“(c)

“pension sharing order” means—

(i)

in a matrimonial cause, an order making provision under section 24B of the Act of 1973; and

(ii)

in a civil partnership cause, an order making provision under paragraph 15 of Schedule 5 to the Act of 2004; and

(d)

“pension attachment order” means—

(i)

in a matrimonial cause, an order making provision under section 25B or 25C of the Act of 1973; and

(ii)

in a civil partnership cause, an order making provision under paragraph 25 and paragraph 26 of Schedule 5 to the Act of 2004.”.

Annotations

Footnotes

f1: S.I.2005/2920.