Rule 3.17 Application for leave under section 13 of Act of 1984

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 3.17 heading words inserted by Family Proceedings 2005 rule 70(a)
rule 3.17(1) words substituted by Family Proceedings 2005 rule 70(b)(i)
rule 3.17(1) words omitted by Family Proceedings 2005 rule 70(b)(ii)
rule 3.17(1A) inserted by Family Proceedings 2005 rule 70(c)
rule 3.17(2) words inserted by Family Proceedings 2005 rule 70(d)(i)
rule 3.17(2) words inserted by Family Proceedings 2005 rule 70(d)(ii)
rule 3.17(2)(a)(ab) substituted for rule 3.17(2)(a) by Family Proceedings 2005 rule 70(d)(iii)
rule 3.17(2)(b) words inserted by Family Proceedings 2005 rule 70(d)(iv)
rule 3.17(2)(d) substituted by Family Proceedings 2005 rule 70(d)(v)
rule 3.17(2)(f) semicolon substituted for words by Family Proceedings 2005 rule 70(d)(vi)
rule 3.17(2)(g) inserted by Family Proceedings 2005 rule 70(d)(vii)

(1)

An application for leave to apply for an order for financial relief under Part III of the Act of 1984 shall be made ex parte by originating summons issued in Form M25 out of the principal registry and shall be supported by an affidavit by the applicant stating the facts relied on in support of the application with particular reference to the matters set out in section 16(2) of that Act.

(2)

The affidavit in support shall give particulars of the judicial or other proceedings by means of which the marriage to which the application relates was dissolved or annulled or by which the parties to the marriage were legally separated and shall state, so far as is known to the applicant:

(a)

the names of the parties to the marriage and the date and place of the marriage;

(b)

the occupation and residence of each of the parties to the marriage;

(c)

whether there are any living children of the family and, if so, the number of such children and the full names (including surname) of each and his date of birth or, if it be the case, that he is over 18;

(d)

whether either party to the marriage has remarried;

(e)

an estimate in summary form of the appropriate amount or value of the capital resources and net income of each party and of any minor child of the family;

(f)

the grounds on which it is alleged that the court has jurisdiction to entertain an application for an order for financial relief under Part 111 of the Act of 1984.

(3)

The proper officer shall fix a date, time and place for the hearing of the application by a judge in chambers and give notice thereof to the applicant.