Rule 2.12 Consent to the grant of a decree [or civil partnership order ]
Northern Ireland
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—
in the case of a acting in person, by the respondent, or
in the case of a respondent represented by a solicitor, by the respondent as well as by the solicitor.
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.
f6In this rule a “relevant fact” is—
in a matrimonial cause, one of the facts mentioned in Article 3(2) of the Order of 1978, and
in a civil partnership cause, one of the facts mentioned in section 168(5) of the Act of 2004.]
Annotations
Footnotes
- f1
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Words inserted by S.R. 2005 No. 497 with effect from 05.12.05
- f2
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Words inserted by S.R. 2005 No. 497 with effect from 05.12.05
- f3
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Words inserted by S.R. 2005 No. 497 with effect from 05.12.05
- f4
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Words inserted by S.R. 2005 No. 497 with effect from 05.12.05
- f5
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Words substituted by S.R. 2005 No. 497 with effect from 05.12.05
- f6
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Paragraph inserted by S.R. 2005 No. 497 with effect from 05.12.05
- f7
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Words inserted by S.R. 2005 No. 497 with effect from 05.12.05
Notes on Part II
Footnotes
- f1
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Words inserted by S.R. 2005 No. 497 with effect from 05.12.05