Rule 8 Amendments to the 1991 Rules

for paragraph (1) substitute—

“(1)

A petition may be presented—

(a)

in a matrimonial cause, to any divorce county court, and

(b)

in a civil partnership cause, to any civil partnership proceedings county court.”;

in paragraph (2), after “marriage” insert “or civil partnership”;

in paragraph (3), after “judicial separation” insert “or dissolution or separation”;

in paragraph (4)—

after paragraph (4) insert—

“(4A)

In a civil partnership cause, where there is before a civil partnership proceedings county court or the High Court a petition which has not been dismissed or otherwise finally disposed of, another petition by the same petitioner in respect of the same civil partnership shall not be presented without leave granted on an application made in the pending proceedings:

But no such leave shall be required where it is proposed, after the expiration of the period of one year from the date of the civil partnership, to present a petition for dissolution alleging such of the facts mentioned in section 44(5) of the Act of 2004 as were alleged in a petition for separation presented before the expiration of that period.”; and

for paragraph (6) substitute—

“(6)

CCR Order 3, rule 4(2) (which, as applied by rule 5 of that Order, deals with the filing and service of petitions) shall not apply, but on the filing of the petition the proper officer shall annex to every copy of the petition for service a notice—

(a)

in a matrimonial cause, in Form M5 with Form M6 attached, and

(b)

in a civil partnership cause, in Form M5A with Form M6A attached,

and shall also annex to the copy petition for service on a respondent the copy of any statement and report filed pursuant to paragraph (5) of this rule.”.