OpenLegislation

Rule 2.47 Application for rescission of decree [ or conditional order]

Northern Ireland

[(1

f1An application by a respondent—

(a)

under Article 12(1) of the Order of 1978 for the rescission of a decree of divorce, or

(b)

under section 172(1) of the Act of 2004 for the rescission of a conditional order of dissolution,

shall be made to a judge and shall be heard in open court.]

(2)

Unless otherwise directed, the notice of the application shall be served on the petitioner not less than 14 days before the day fixed by the proper officer or chief clerk, as the case may be, for the hearing of the application.

(3)

The applicant shall file an affidavit showing that the notice of the application has been served.

(4)

The application shall be supported by an affidavit setting out the allegations on which the applicant relies and a copy of the affidavit shall be served on the petitioner.

Annotations

Footnotes

f1

Paragraph substituted 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

Notes on Part II

Footnotes

f1

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