{
  "url": "https://openlegislation.uk/family-proceedings-rules-northern-ireland-1996/rule-2.6",
  "json_url": "https://openlegislation.uk/family-proceedings-rules-northern-ireland-1996/rule-2.6.json",
  "legislation": "nisr/1996/322",
  "legislation_title": "The Family Proceedings Rules (Northern Ireland) 1996",
  "legislation_url": "https://openlegislation.uk/family-proceedings-rules-northern-ireland-1996",
  "path": "rule/2.6",
  "kind": "rule",
  "number": "2.6",
  "heading": "Presentation of petition",
  "text": "[(1 A petition may be presented—\n(a) in a matrimonial cause, to the High Court or [...] to the county court, and\n(b) in a civil partnership cause, to the High Court or [...] to the county court.]\n(2) Unless the court otherwise directs on an application made ex parte, a certificate of the marriage [or civil partnership] to which the cause relates together with the certificates of birth of any child of the family under the age of 18 shall be filed with the petition.\n(3) [In a matrimonial cause, where] there is before the court a petition which has not been dismissed or otherwise [finally disposed of], another petition by the same petitioner in respect of the same marriage shall not be presented without leave granted on an application made in the pending proceedings:\nProvided that no such leave shall be required where it is proposed, after the expiration of the period of 2 years from the date of the marriage, to present a petition for divorce alleging such of the facts mentioned in Article 3(2) of the Order of 1978 as were alleged in a petition for judicial separation presented before the expiration of that period.\n[(3A In a civil partnership cause, where there is before the court a petition which has not been dismissed or otherwise finally disposed of, another petition by the same petitioner in respect of the same civil partnership shall not be presented without leave granted on an application made in the pending proceedings:\nProvided that no such leave shall be required where it is proposed, after the expiration of the period of 2 years from the date of the civil partnership, to present a petition for dissolution alleging such of the facts mentioned in section 168(5) of the Act of 2004 as were alleged in a petition for separation presented before the expiration of that period.]\n(4) Subject to paragraph (5), the petition shall be presented by filing it in the Matrimonial Office together with a notice—\n[(i in a matrimonial cause, in Form M5 with Form M6 attached, and\n(ii) in a civil partnership cause, in Form M5A with Form M6A attached,]\naddressed to the respondent and any co-respondent together with any statement and report required by rule 2.3(2).\n(5) The petition and other documents specified in paragraph (4) may be presented at any county court office ..., for transmission to the Matrimonial Office for filing.\n[(6 C.C.R. Order 6, rule 10 (which deals with the service of petitions) shall not apply but on the filing of the petition the Master shall—\n(a) affix thereto the seal of the Matrimonial Office,\n(b) enter the cause in the appropriate records, and\n(c) annex to every copy of the petition for service a notice in Form M5 with Form M6 attached or in Form M5A with Form M6A attached, as the case may be,\nand shall also annex to the copy petition for service on a respondent the copy of any statement and report filed pursuant to paragraph (4) of this rule.]",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Word in rule 2.6(1)(a) substituted (31.10.2016) by The Family Proceedings (Amendment) Rules (Northern Ireland) 2016 (S.R. 2016/301), rules 1(1), 2(2)(a); S.R. 2016/387, art. 2(a)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Word in rule 2.6(1)(b) substituted (31.10.2016) by The Family Proceedings (Amendment) Rules (Northern Ireland) 2016 (S.R. 2016/301), rules 1(1), 2(2)(b); S.R. 2016/387, art. 2(a)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in rule 2.6(5) omitted (31.10.2016) by virtue of The Family Proceedings (Amendment) Rules (Northern Ireland) 2016 (S.R. 2016/301), rules 1(1), 2(2)(c); S.R. 2016/387, art. 2(a)"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "Words omitted by S.R. 2010 No. 379 with effect from 20.12.10"
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Paragraph substituted by S.R. 2005 No. 497 with effect from 05.12.05"
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Words inserted by S.R. 2005 No. 497 with effect from 05.12.05"
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "Words substituted by S.R. 2005 No. 497 with effect from 05.12 05"
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "Paragraphs inserted by S.R. 2005 No. 497 with effect from 05.12.05"
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "Sub-paragraphs substituted by S.R. 2005 No. 497 with effect from 05.12.05"
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "Paragraph substituted by S.R. 2005 No. 497 with effect from 05.12.05"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/1996/322/rule/2.6",
    "retrieved_at": "2026-10-29T02:34:45.513001+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}