Rule 70 Amendments to the 1991 Rules

In rule 3.17—

(a)

in the heading, at the end insert “or under paragraph 4 of Schedule 7 to Act of 2004”;

(b)

in paragraph (1)—

(i)

for “under Part III of the Act of 1984” substitute “to which this rule applies”; and

(ii)

omit the words after “applicant” to the end of the paragraph;

(c)

after paragraph (1), insert—

“(1A)

The affidavit in support shall state the facts relied on in support of the application with particular reference—

(a)

in the case of an application under the Act of 1984, to the matters set out in section 16(2) of that Act, and

(b)

in the case of an application under the Act of 2004, to the matters set out in paragraph 8(3) of Schedule 7 to that Act.”; and

(d)

in paragraph (2)—

(i)

after “by means of which the marriage” insert “or civil partnership, as the case may be,”;

(ii)

after “marriage”, the second time it appears, insert “or civil partnership”;

(iii)

for sub-paragraph (a) substitute—

“(a)

in the case of an application under the Act of 1984, the names of the parties to the marriage and the date and place of the marriage;

(ab)

in the case of an application under the Act of 2004, the names of the parties to the civil partnership and the date on, and place at which it was formed;”

(iv)

in sub-paragraph (b), after “to the marriage” insert “or civil partnership, as the case may be”;

(v)

for sub-paragraph (d) substitute—

“(d)

whether either party to the marriage or civil partnership has subsequently married or formed a civil partnership;”;

(vi)

in sub-paragraph (f), for “under Part III of the Act of 1984.” substitute “;”; and

(vii)

after sub-paragraph (f) insert—

“(g)

this rule and rule 3.18 apply to an application for financial relief under—

(i)

Part III of the Act of 1984; and

(ii)

Schedule 7 to the Act of 2004.”.