The Family Proceedings Rules 1991

S.I. 1991/1247 · Made 1 May 1991

FAMILY PROCEEDINGS

SUPREME COURT OF ENGLAND AND WALES

COUNTY COURTS

Made 1st May 1991

Laid before Parliament 17th July 1991

Coming into force 14th October 1991

We, the authority having power under section 40(1) of the Matrimonial and Family Proceedings Act 1984^f1 to make rules of court for the purposes of family proceedings in the High Court and county courts, in the exercise of the powers conferred by the said section 40, and of all other powers enabling us in that behalf, hereby make the following rules—

Annotations to the whole text

Footnotes

f1: 1984 c. 42.

Part I: PRELIMINARY
1.1Citation and commencement
1.2Interpretation
1.3Application of other rules
1.4County court proceedings in principal registry
1.5Computation of time
Part II: MATRIMONIAL CAUSES
2.1Application of Part II
Commencement etc of proceedings
2.2Cause to be begun by petition
2.3Contents of petition
2.4Petitioner relying on section 11 or 12 of the Civil Evidence Act 1968
2.5Signing of petition
2.6Presentation of petition
2.7Parties
2.8Discontinuance of cause before service of petition
Service of petition etc
2.9Service of petition
2.10Consent to grant of decree
Pleadings and amendment
2.11Supplemental petition and amendment of petition
2.12Filing of answer to petition
2.13Filing of reply and subsequent pleadings
2.14Filing and amendment of pleadings after directions for trial
2.15Contents of answer and subsequent pleadings
2.16Allegation against third person in pleading
2.17Service of pleadings
2.18Supplemental answer and amendment of pleadings
2.19Particulars
Preparations for trial
2.20Discovery of documents in defended cause
2.21Discovery by interrogatories in defended cause
2.22Medical examination in proceedings for nullity
2.23Conduct of medical examination
2.24Directions for trial
2.25Determination of place of trial
2.26Directions as to allegations under section 1(2)(b) of Act of 1973
2.27Stay under Domicile and Matrimonial Proceedings Act 1973
Evidence
2.28Evidence at trial of cause
2.29Evidence by deposition
2.30Issue of witness summons or subpoena
2.31Hearsay and expert evidence in High Court
Trial etc
2.32Mode and place of trial
2.33Trial of issue
2.34Exercise of district judge’s jurisdiction in causes set down for trial
2.35Further provisions as to date of trial
2.36Disposal of causes in special procedure list
2.37Right to be heard on question of costs
2.38Respondent’s statement as to arrangements for children
2.39Procedure for complying with section 41 of Act of 1973
2.40Applications relating to children of the family
2.41Restoration of matters adjourned at the hearing
2.42Application for re-hearing
Decrees and orders
2.43Decrees and orders
2.44Application for rescission of decree
2.45Application under section 10(2) of Act of 1973
2.46Intervention to show cause by Queen’s Proctor
2.47Intervention to show cause by person other than Queen’s Proctor
2.48Rescission of decree nisi by consent
2.49Decree absolute on lodging notice
2.50Decree absolute on application
2.51Indorsement and certificate of decree absolute
Ancillary relief
2.52Right to be heard on ancillary questions
2.53Application by petitioner or respondent for ancillary relief
2.54Application by parent, guardian etc for ancillary relief in respect of children
2.55Application in Form Mll or M12
2.56Application for ancillary relief after order of magistrates' court
2.57Children to be separately represented on certain applications
2.58General provisions as to evidence etc on application for ancillary relief
2.59Evidence on application for property adjustment or avoidance of disposition order
2.60Service of affidavit in answer or reply
2.61Information on application for consent order for financial relief
2.62Investigation by district judge of application for ancillary relief
2.63Request for further information etc
2.64Order on application for ancillary relief
2.65Reference of application to judge
2.66Arrangements for hearing of application etc by judge
2.67Request for periodical payments order at same rate as order for maintenance pending suit
2.68Application for order under section 37(2)(a) of Act of 1973
Part III: OTHER MATRIMONIAL ETC PROCEEDINGS
3.1Application in case of failure to provide reasonable maintenance
3.2Application for alteration of maintenance agreement during lifetime of parties
3.3Application for alteration of maintenance agreement after death of one party
3.4Further proceedings on application under rule 3.3
3.5Application of other rules to proceedings under section 35 or 36 of Act of 1973
3.6Married Women’s Property Act 1882
3.7Exercise in principal registry of county court jurisdiction under section 17 of Married Women’s Property Act 1882
3.8Proceedings under sections 1 and 9 of and Schedule 1 to Matrimonial Homes Act 1983
3.9Domestic Violence and Matrimonial Proceedings Act 1976
3.10Domestic Proceedings and Magistrates' Courts Act 1978
3.11Proceedings in respect of polygamous marriage
3.12Application under section 55 of Act of 1986 for declaration as to marital status
3.13Application under section 56(1)(a) of Act of 1986 for declaration of parentage
3.14Application under section 56(1)(b) and (2) of Act of 1986 for declaration of legitimacy or legitimation
3.15Application under section 57 of Act of 1986 for declaration as to adoption effected overseas
3.16General provisions as to proceedings under rules 3.12, 3.13, 3.14 and 3.15
3.17Application for leave under section 13 of Act of 1984
3.18Application for order for financial relief or avoidance of transaction order under Part III of Act of 1984
3.19Application for order under section 24 of Act of 1984 preventing transaction
3.20Consent to marriage of minor
Part IV: PROCEEDINGS UNDER THE CHILDREN ACT 1989
4.1Interpretation and application
4.2Matters prescribed for the purposes of the Act of 1989
4.3Application for leave to commence proceedings
4.4Application
4.5Withdrawal of application
4.6Transfer from magistrates' court to county court and from county court to High Court
4.7Parties
4.8Service
4.9Answer to application
4.10Appointment of guardian ad litem
4.11Powers and duties of guardian ad litem
4.12Solicitor for child
4.13Welfare officer
4.14Directions
4.15Timing of proceedings
4.16Attendance at directions appointment and hearing
4.17Documentary evidence
4.18Expert evidence—examination of child
4.19Amendment
4.20Oral evidence
4.21Hearing
4.22Appeals
4.23Confidentiality of documents
4.24Notification of consent
4.25Secure accommodation—evidence
4.26Investigation under section 37
4.27Direction to local education authority to apply for education supervision order
4.28Transitional provision
Part V: WARDSHIP
5.1Application to make a minor a ward of court
5.2Enforcement of order by tipstaff
5.3Where minor ceases to be a ward of court
5.4Adoption of minor who is a ward of court
Part VI: CHILD ABDUCTION AND CUSTODY ACT 1985
6.1Interpretation
6.2Mode of application
6.3Contents of originating summons: general provisions
6.4Contents of originating summons: particular provisions
6.5Defendants
6.6Acknowledgement of service
6.7Evidence
6.8Hearing
6.9Dispensing with service
6.10Adjournment of summons
6.11Stay of proceedings
6.12Transfer of proceedings
6.13Interim directions
6.14Obtaining authenticated copies of decisions
6.15Revocation and variation of registered decisions
6.16Orders for disclosure of information
Part VII: ENFORCEMENT OF ORDERS
Chapter 1.: General
7.1Enforcement of order for payment of money, etc
7.2Committal and injunction
7.3Transfer of county court order to High Court
Chapter 2.: Judgement summonses
7.4General provisions
7.5Special provisions as to judgement summonses in the High Court
7.6Special provisions as to judgement summonses in divorce county courts
Chapter 3.: Registration and Enforcement of Custody Orders
7.7Registration under Family Law Act 1986
7.8Application to register English Part I order
7.9Registration of Scottish and Northern Ireland orders
7.10Revocation and variation of English order
7.11Registration of revoked, recalled or varied Scottish or Northern Ireland order
7.12Interim directions
7.13Staying and dismissal of enforcement proceedings
7.14Particulars of other proceedings
7.15Inspection of register
Chapter 4.: Enforcement of maintenance orders
7.16Interpretation
7.17Registration etc. of orders under Act of 1920
Chapter: Proceedings under Part II ofAct of 1950
7.18Interpretation of rules 7.18 to 7.21
7.19Registration etc of English order
7.20Registration etc of Scottish and Northern Irish orders
7.21Inspection of register
Chapter: Registration etc of certain orders under the Act of 1958
7.22Application and interpretation of rules 7.22 to 7.29
7.23Application for registration
7.24Registration in a magistrates' court of an order registered in the High Court
7.25Registration of magistrates' court order
7.26Registration in the High Court of an order registered in a magistrates' court
7.27Variation or discharge of registered order
7.28Appeal from variation etc of order by magistrates' court
7.29Cancellation of registration
Chapter: Proceedings under Act of 1972
7.30Interpretation of rules 7.31 to 7.39
7.31Application for transmission of maintenance order to reciprocating country
7.32Certification of evidence given on provisional order
7.33Confirmation of provisional order
7.34Taking of evidence for court in reciprocating country
7.35Notification of variation or revocation
7.36Transmission of documents
7.37Application of rules 7.30 to 7.36 to Republic of Ireland
7.38Application of rules 7.30 to 7.36 to the Hague Convention countries
Part VIII: APPEALS
8.1Appeals from district judges
8.2Appeals under Domestic Proceedings and Magistrates' Courts Act 1978)
Part IX: DISABILITY
9.1Interpretation and application of Part IX
9.2Person under disability must sue by next friend etc.
9.3Service on person under disability
9.4Petition for nullity on ground of mental disorder
9.5Separate representation of children
Part X: PROCEDURE (GENERAL)
10.1Application
10.2Service on solicitors
10.3Service on person acting in person
10.4Service by bailiff in proceedings in principal registry
10.5Proof of service by officer of court etc.
10.6Service out of England and Wales
10.7Mode of giving notice
10.8Notice of intention to defend
10.9Mode of making applications
10.10Orders for transfer of family proceedings
10.11Procedure on transfer of cause or application
10.12Evidence by affidavit
10.13Taking of affidavit in county court proceedings
10.14Evidence of marriage outside England and Wales
10.15Official shorthand note etc of proceedings
10.16Copies of decrees and orders
10.17Service of order
10.18No notice of intention to proceed after year’s delay
10.19Filing of documents at place of hearing etc.
10.20Inspection etc of documents retained in court
10.21Disclosure of addresses
10.22Practice to be observed in district registries and divorce county courts
10.23Transitional Provisions
Signature
Schedule APPENDIX I—: Forms
Form M1.Part Form M1.
Form M2General Heading of Proceedings
Form M3Certificate with Regard to Reconciliation
Form M4Part Form M4
Form M5Part Form M5
Form M6Part Form M6
Form M7(a)Part Form M7(a)
Form M7(b)Part Form M7(b)
Form M7(c)Part Form M7(c)
Form M7(d)Part Form M7(d)
Form M7(e)Part Form M7(e)
Form M8Part Form M8
Form M9Part Form M9
Form M10Part Form M10
Form M11Part Form M11
Form M12Part Form M12
Form M13Part Form M13
Form M14Part Form M14
Form M15Part Form M15
Form M16Part Form M16
Form M17Part Form M17
Form M18Part Form M18
Form M19Part Form M19
Form M20Part Form M20
Form M21Part Form M21
Form M22Part Form M22
Form M23Part Form M23
Form M24Part Form M24
Form M25Part Form M25
Form M26Part Form M26
Form M27Part Form M27
Form M28Part Form M28
Form M29Part Form M29
Form M30Part Form M30
Form M31Part Form M31
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Schedule APPENDIX 2CONTENTS OF PETITION
1Paragraph 1
2Paragraph 2
3Paragraph 3
4Paragraph 4
Schedule APPENDIX 3NOTICES AND RESPONDENTS
Explanatory note

The Family Proceedings Rules 1991

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Contents