Rule 1.3 Interpretation

In these Rules, unless the context otherwise requires—

• “the Order of 1978” means the Matrimonial Causes (Northern Ireland) Order 1978^f1;

• “the Order of 1989” means the Matrimonial and Family Proceedings (Northern Ireland) Order 1989^f2;

• “the Order of 1991” means the Child Support (Northern Ireland) Order 1991^f3;

• “the Order of 1995” means the Children (Northern Ireland) Order 1995^f4;

• [^f5 “the Order of 1998” means the Family Homes and Domestic Violence (Northern Ireland) Order 1998^f6; and

• “the Allocation Order of 1999” means the Family Homes and Domestic Violence (Allocation of Proceedings) Order (Northern Ireland) 1999^f7;]

• [^f8 “the Allocation Order of 2002” means the Declarations of Parentage (Allocation of Proceedings) Order (Northern Ireland) 2002^f9;]

• [^f10 “the Order of 1999” means the Welfare Reform and Pensions (Northern Ireland) Order 1999^f11;]

• [^f12 “the Act of 2004” means the Civil Partnership Act 2004^f13]

• [^f14 “the Act of 2007” means the Forced Marriage (Civil Protection) Act 2007;]

• “ancillary relief” means—

  1. (a)

     an avoidance of disposition order,

  2. (b)

     a financial provision order,

  3. (c)

     an order for maintenance pending suit,

  4. (ca)

     [ an order for maintenance pending outcome of proceedings,]

  5. (d)

     a property adjustment order, [^f15...]

  6. (e)

     a variation order [^f16, ^f17...]

  7. (f)

     a sharing order; [^f18or

  8. (g)

     a pension compensation sharing order]

• [“avoidance of disposition order” means—

  1. (a)

     in matrimonial proceedings, an order under Article 39(2)(b) or (c) of the Order of 1978, and

  2. (b)

     in civil partnership proceedings, an order under paragraph 67(3) or (4) of Schedule 15 to the Act of 2004;^f19]

• “Board” means [^f20 subject to Part IVB] a Health and Social Services Board;

• “business day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday which is, or is to be observed as, a bank holiday in Northern Ireland under the Banking and Financial Dealings Act 1971^f21;

• [“cause” means—

  1. (a)

     a matrimonial cause under the Order of 1978, or

  2. (b)

     a civil partnership cause under the Act of 2004; ]

• “certificate of readiness” means a certificate under rule 2.28;

• F1...

• [“child”, except in Part IV or Part IVB, in relation to one or both of the parties to a marriage or civil partnership, includes an illegitimate child of that party or, as the case may be, of both parties;

• “child of the family” has, except in Part IV or Part IVB, the meaning assigned to it by Article 2(2) of the Order of 1995;]

• [“civil partnership cause” has the meaning assigned to it by section 190(3) of the Act of 2004;

• “civil partnership order” means one of the orders mentioned in section 161 of the Act of 2004;

• “civil partnership proceedings” means any proceedings under the Act of 2004;

• F2...

• [“consent order” means—

  1. (a)

     in matrimonial proceedings, an order under Article 35A of the Order of 1978, and

  2. (b)

     in civil partnership proceedings, an order under paragraph 59 of Schedule 15 to the Act of 2004;^f22]

• [F3...]

• F4...

• “county court office” means the office of the chief clerk F5...;

• “court” means the judge or the Master;

• “defended cause” means a cause not being an undefended cause;

• “Department” means the Department of Health and Social Services;

• F6...

• F7...

• “document exchange” means any document exchange for the time being approved by the Lord Chancellor;

• “family proceedings” means any proceedings with respect to which rules may be made under Article 12 of the Family Law (Northern Ireland) Order 1993;

• [“financial provision order” means—

  1. (a)

     in matrimonial proceedings, any of the orders mentioned in Article 23(1) of the Order of 1978 except an order under Article 29(6) of that Order, and

  2. (b)

     in civil partnership proceedings, any of the orders mentioned in paragraph 2(1) of Schedule 15 to the Act of 2004, made under Part I of Schedule 15 to that Act;^f23]

• [“financial relief” has—

  1. (a)

     in matrimonial proceedings, the meaning assigned to it by Article 39 of the Order of 1978, and

  2. (b)

     in civil partnership proceedings, the meaning assigned to it by paragraph 67 of Schedule 15 to the Act of 2004;]

• [F8“the 1996 Hague Convention” means the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children that was signed at The Hague on 19 October 1996;]

• “judge” means—

  1. (a)

     in relation to proceedings in the High Court, a judge of the High Court; and

  2. (b)

     in relation to proceedings in a county court, a county court judge;

• [“Master” means—

  1. (a)

     in relation to proceedings in the High Court, the Master (High Court) or the Master (Care and Protection) as the case may be; and

  2. (b)

     in relation to proceedings in a county court, a district judge;^f24]

• [“Matrimonial cause” has the meaning assigned to it by Article 48(11) of the Order of 1978;^f25]

• “Matrimonial Office” means the Probate and Matrimonial Office of the Supreme Court of Judicature of Northern Ireland;

• “matrimonial proceedings” means subject to rule 2.4 any proceedings under the Order of 1978;

• ...

• “notice of intention to defend” has the meaning assigned to it by rule 2.11;

• “Office of Care and Protection” means the Office of Care and Protection of the Supreme Court of Judicature of Northern Ireland;

• [“order for maintenance pending outcome of proceedings” means an order under paragraph 33 of Schedule 15 to the Act of 2004; ]

• “person named” includes a person described as “passing under the name of A.B.”;

• [“the President of Gender Recognition Panels” means the office in paragraph 2(1) of Schedule 1 to the Gender Recognition Act 2004; ]

• “proper officer” means the proper officer of the High Court;

• [“property adjustment order” means—

  1. (a)

     in matrimonial proceedings, any of the orders mentioned in Article 26(1) of the Order of 1978, and

  2. (b)

     in civil partnership proceedings, any of the orders mentioned in paragraph 7(1) of Schedule 15 to the Act of 2004; ^f26]

• “sealed copy” means a copy examined against the original, marked as examined by the examining officer and sealed with the appropriate seal;

• “taxing master” means—

  1. (a)

     in relation to in the High Court, the Master (Taxing Office); and

  2. (b)

     in relation to proceedings in a county court, a district judge;

• “Trust” means a Health and Social Services Trust by whom a function is exercisable by virtue of an authorisation for the time being in operation under Article 3(1) of the Health and Personal Social Services (Northern Ireland) Order 1994^f27;

• “undefended cause” means—

  1. (a)

     in the case of an application under Article 16 of the Order of 1978, a cause in which the respondent has not given notice of intention to defend within the time limited, or

  2. (b)

     in any other case—

     1. (i)

        a cause in which no answer has been filed or any answer filed has been struck out, or

     2. (ii)

        a cause which is proceeding only on the respondent’s answer and in which no reply or answer to the respondent’s answer has been filed or any such reply or answer has been struck out, or

     3. (iii)

        a cause to which rule 2.14(3) applies and in which no notice has been given under that rule or any notice so given has been withdrawn, or

     4. (iv)

        a cause in which an answer has been filed claiming relief but in which no pleading has been filed opposing the granting of a decree [^f28 or civil partnership order, as the case may be,] on the petition or answer or any pleading or part of a pleading opposing the granting of a decree [or civil partnership order];

• [“variation order” means—

  1. (a)

     in matrimonial proceedings, an order under Article 33 of the Order of 1978, and

  2. (b)

     in civil partnership proceedings, an order under Part 10 of Schedule 15 to the Act of 2004; ]

Unless the context otherwise requires, a cause may be treated as pending for the purpose of these Rules notwithstanding that a final [decree, civil partnership order or other order has been pronounced or made on the petition, or it has been otherwise finally disposed of.^f29]

In these Rules a form referred to by number means the form so numbered in Appendix I or a form substantially to the like effect, with such variations as the circumstances of the particular case may require.

In these Rules any reference to an Order and rule is—

Unless the context otherwise requires, any reference in these Rules to any rule or statutory provision shall be construed as a reference to that rule or statutory provision as amended, extended or applied by any other rule or statutory provision.

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In these Rules—