OpenLegislation

Rule 2.12 Consent to the grant of a decree [or civil partnership order ]

Northern Ireland

(1)

Where, before the hearing of a petition alleging 2 years’ separation coupled with the respondent’s consent to a decree [f1 or civil partnership order] being granted, the respondent wishes to indicate to the court that he consents to the grant of a decree [f2 or civil partnership order], he must do so by giving the Master 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 [f3 or civil partnership order] shall be treated as such a notice if the acknowledgement is signed—

(a)

in the case of a acting in person, by the respondent, or

(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 [f4 or civil partnership order] being granted or that he withdraws any consent which he has already given.

Where any such notice is given and [f5 no other relevant fact] is alleged, the proceedings on the petition shall be stayed and the Master shall thereupon give notice of the stay to all parties.

[(3

f6In this rule a “relevant fact” is—

(a)

in a matrimonial cause, one of the facts mentioned in Article 3(2) of the Order of 1978, and

(b)

in a civil partnership cause, one of the facts mentioned in section 168(5) of the Act of 2004.]

Annotations

Footnotes

f1

Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

f2

Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

f3

Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

f4

Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

f5

Words substituted by S.R. 2005 No. 497 with effect from 05.12.05

f6

Paragraph inserted by S.R. 2005 No. 497 with effect from 05.12.05

f7

Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

Notes on Part II

Footnotes

f1

Words inserted by S.R. 2005 No. 497 with effect from 05.12.05