Rule 58 Amendments to the 1991 Rules

in paragraph (1), after “the Act of 1973” insert “or under Part 9 of Schedule 5 to the Act of 2004”;

for paragraph (2) substitute—

“(2)

The application may be made

(a)

in the case of an application under the Act of 1973, to any divorce county court, and

(b)

in the case of an application under the Act of 2004, to any civil partnership proceedings county court,

and there shall be filed with the application an affidavit by the applicant and also a copy of the application and of the affidavit for service on the respondent.”;

in paragraph (3)(a), after “marriage” insert “or the civil partnership, as the case may be”;

in paragraph (7), for “rule 2.60” substitute “sub-paragraphs (4) to (7) of paragraph 4 of Appendix 4”; and

for paragraph (10) substitute—

“(10)

The following provisions shall apply to applications under section 27 of the Act of 1973 and Part 9 of Schedule 5 to the Act of 2004—

(a)

rule 10.10 with such modifications as may be appropriate and as if the application were an application for ancillary relief; and

(b)

paragraphs 5 to 9 of Appendix 4;”.