Rule 2.53 Application by petitioner or respondent for ancillary relief

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 2.53,2.54 amended by Family Proceedings 1999 rule 7
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 2.53 amended by Family Proceedings 2000 rule 5(2)
rule 2.45A-2.45B inserted by Family Proceedings 2003 rule 3
rule 2.53(1)(aa) inserted by Family Proceedings 2005 rule 47

(1)

Any application by a petitioner, or by a respondent who files an answer claiming relief, for—

(a)

an order for maintenance pending suit,

(b)

a financial provision order,

(c)

a property adjustment order,

shall be made in the petition or answer, as the case may be.

(2)

Notwithstanding anything in paragraph (1), an application for ancillary relief which should have been made in the petition or answer may be made subsequently—

(a)

by leave of the court, either by notice in Form M11 or at the trial, or

(b)

where the parties are agreed upon the terms of the proposed order, without leave by notice in Form M11.

(3)

An application by a petitioner or respondent for ancillary relief, not being an application which is required to be made in the petition or answer, shall be made by notice in Form M11.