Rule 2.55 Application by petitioner or respondent for ancillary relief

Northern Ireland

(1)

Any application by a petitioner or by a respondent who files an answer claiming relief, for—

(a)

an order for maintenance pending suit,

[(aa

an order for maintenance pending outcome of proceedings,^f1]

(b)

a financial provision order,

(c)

a property adjustment order,

[(d

^f2 a sharing order,]

[(e

^f3 a pension compensation sharing order,]

shall be made in the petition or answer, as the case may be.

(2)

Notwithstanding anything in paragraph (1), an application for ancillary relief which should have been made in the petition or answer may be made subsequently—

(a)

by leave of the court, either by notice in Form M13 or at the trial, or

(b)

where the parties are agreed upon the terms of the proposed order, without leave by notice in Form M13.

(3)

An application by a petitioner or respondent for ancillary relief, not being an application which is required to be made in the petition or answer, shall be made by notice in Form M13.

Annotations

Footnotes

f1: Sub-paragraph inserted by S.R. 2005 No. 497 with effect from 05.12.05
f2: Sub-paragraph added by S.R. 2000 No. 329 with effect from 1.12.00
f3: Words inserted by S.R. 2011 No. 243 with effect from 25.07.11

Notes on Part II

Footnotes

f1: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05