{
  "url": "https://openlegislation.uk/family-proceedings-courts-matrimonial-proceedings-etc-rules-1991/article-3",
  "json_url": "https://openlegislation.uk/family-proceedings-courts-matrimonial-proceedings-etc-rules-1991/article-3.json",
  "legislation": "uksi/1991/1991",
  "legislation_title": "The Family Proceedings Courts (Matrimonial Proceedings etc.) Rules 1991",
  "legislation_url": "https://openlegislation.uk/family-proceedings-courts-matrimonial-proceedings-etc-rules-1991",
  "path": "article/3",
  "kind": "article",
  "number": "3",
  "heading": "Applications",
  "text": "–\n(1) Subject to paragraphs (3) and (4), an applicant shall–\n(a) file the application in the appropriate form in Schedule 1 to these Rules or, where there is no such form, in writing, together with sufficient copies for one to be served on the respondent, and\n(b) save where section 16(6) of the Act applies, serve a copy of the application, endorsed in accordance with paragraph (2)(b), together with any notice attached under paragraph (2)(c), on the respondent at least 21 days and, in the case of an application under section 16, at least one day, prior to the date fixed under paragraph (2)(a).\n(2) On receipt of the documents filed under paragraph (1)(a), the justices' clerk shall–\n(a) fix the date, time and place for a hearing or a directions appointment, which in the case of an application under section 16 shall be no later than 14 days after receipt of the application, allowing sufficient time for the applicant to comply with paragraph (1)(b),\n(b) endorse the date, time and place so fixed upon the copies of the application filed by the applicant,\n(c) in the case of an application under section 16, and save where subsection (6) of that section applies, attach to the application a notice in the appropriate form in Schedule 1 to these Rules which sets out the power of the court with regard to family protection orders, and\n(d) return the copies to the applicant forthwith.\n(3) A court may proceed on an application made orally where it is made by virtue of section 6(4) of the Act and where an application is so made paragraph (1) shall not apply.\n(4) An application for an expedited order under section 16(6) of the Act may, with leave of the justices' clerk, be made ex parte in which case the applicant shall–\n(a) file with the justices' clerk or the court the application at the time when the application is made or as directed by the justices' clerk, and\n(b) serve a copy of the application on the respondent within 48 hours after the making of the order.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "substituted",
      "affecting": "uksi/2001/615",
      "affecting_title": "The Magistrates' Courts (Transfer of Justices' Clerks' Functions) (Miscellaneous Amendments) Rules 2001"
    },
    {
      "type": "words omitted",
      "affecting": "uksi/2005/2930",
      "affecting_title": "The Magistrates' Courts (Miscellaneous Amendments) Rules 2005"
    },
    {
      "type": "words inserted",
      "affecting": "uksi/2005/2930",
      "affecting_title": "The Magistrates' Courts (Miscellaneous Amendments) Rules 2005"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1991/1991/article/3",
    "retrieved_at": "2026-10-29T14:38:35.534340+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}