Rule 2.51 Rescission of decree nisi [ or conditional order] by consent

Northern Ireland

^f1Where a reconciliation has been effected between the petitioner and the respondent—

(a)

in a matrimonial cause—

(i)

after a decree nisi has been pronounced but before it has been made absolute, or

(ii)

after a decree of judicial separation has been pronounced; and

(b)

in a civil partnership cause—

(i)

after a conditional order has been made but before it has been made final, or

(ii)

after a separation order has been made,

either party may apply for an order rescinding that decree or order by consent.]

(2)

Where the cause is pending in [^f2 F1the county court], the application shall be made on notice to the other spouse [^f3 or civil partner, as the case may be,] and to any other party against whom costs have been awarded or who is otherwise affected by the decree [^f4 or civil partnership order], and where the cause is pending in the High Court, a copy of the summons by which the application is made shall be served on every such person.

(3)

The application shall be made to the judge and shall be heard in chambers.

Annotations

Textual amendments

F1: Word in rule 2.51(2) substituted (31.10.2016) by The Family Proceedings (Amendment) Rules (Northern Ireland) 2016 (S.R. 2016/301), rules 1(1), 2(15); S.R. 2016/387, art. 2(a)

Footnotes

f1: Paragraph substituted by S.R. 2005 No. 497 with effect from 05.12.05
f2: Words substituted 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 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