Article 2 Transitional provisions

(1)

Subject to paragraphs (2) and (3), the Family Proceedings Rules 1991^f1, as amended by these rules, shall apply to all proceedings for divorce, nullity of marriage or judicial separation, whether commenced before, on or after 1st December 2000.

(2)

This paragraph applies where before 1st December 2000—

(a)

an application for ancillary relief has been made, or notice of intention to proceed with the application has been given, in Form A; and

(b)

that application or notice specified that the relief sought includes provision to be made under section 25B or 25C of the Matrimonial Causes Act 1973^f2, or a request for such provision has been added to the application.

(3)

Where paragraph (2) applies:—

(a)

the Family Proceedings Rules 1991 shall have effect as if rules 4(a), 5 to 9 and 11 of these Rules had not come into force; but

(b)

in rule 2.70(5) and (6), any reference to an affidavit in support of an application shall be construed as referring to paragraph 2.16 of the statement in Form E, and any reference to an affidavit in reply shall be construed as meaning a statement in reply.

Annotations

Footnotes

f1: S.I. 1991/1247; the relevant amending instruments are S.I. 1996/1674, 1996/1778, 1997/637, 1997/1056 and 1999/1012 and 3491.
f2: 1973 c. 18: section 24B was inserted by paragraph 4 of Schedule 3 to the Welfare Reform and Pensions Act 1999 (c. 30), and sections 25B and 25C were inserted by section 166(1) of the Pensions Act 1995 (c. 26) and amended by Schedule 4 to the Welfare Reform and Pensions Act 1999.