Rule 2.10 Consent to grant of decree

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

rules 10.24-10.25 added by Family Proceedings 1993 rule 6
rules 2.71-2.77 revoked by Family Proceedings 1999 rule 19
rules 3.1-3.20 (Pt.III) am. (references to any of rules 2.52-2.70 shatl be read as references to those rules as they were before these rules came into force) by Family Proceedings 1999 rule 20
rules 3.21-3.23 added by Family Proceedings 1993 rule 4
rules 2.71-2.77 added by Family Proceedings 1997 rule 4
rule 2.45A-2.45B inserted by Family Proceedings 2003 rule 3
rule 2.10(3) inserted by Family Proceedings 2005 rule 13(d)
rule 2.10 heading words inserted by Family Proceedings 2005 rule 13(a)
rule 2.10 words inserted by Family Proceedings 2005 rule 13(b)
rule 2.10(2) words substituted by Family Proceedings 2005 rule 13(c)

(1)

Where, before the hearing of a petition alleging two years, separation coupled with the respondent’s consent to a decree being granted, the respondent wishes to indicate to the court that he consents to the grant of a decree, he shall do so by filing a notice to that effect signed by the respondent personally.

For the purposes of this paragraph an acknowledgement of service containing a statement that the respondent consents to the grant of a decree shall be treated as such a notice if the acknowledgement is signed—
1. (a)
  
  in the case of a respondent acting in person, by the respondent, or
2. (b)
  
  in the case of a respondent represented by a solicitor, by the respondent as well as by the solicitor.

(2)

A respondent to a petition which alleges any such fact as is mentioned in paragraph (1) may give notice to the court either that he does not consent to a decree being granted or that he withdraws any consent which he has already given.

Where any such notice is given and none of the other facts mentioned in section 1(2) of the Act of 1973 is alleged, the proceedings on the petition shall be stayed and the proper officer shall thereupon give notice of the stay to all parties.