{
  "url": "https://openlegislation.uk/family-proceedings-rules-northern-ireland-1996/rule-3.12",
  "json_url": "https://openlegislation.uk/family-proceedings-rules-northern-ireland-1996/rule-3.12.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/3.12",
  "kind": "rule",
  "number": "3.12",
  "heading": "Application for leave to apply for financial relief after overseas divorce [ or overseas dissolution etc. of a civil partnership]",
  "text": "(1) An application to the High Court for leave to apply for an order for financial relief [ to which this rule applies] shall be made ex parte by originating summons in Form M27 issued out of the Matrimonial Office and shall be supported by an affidavit by the applicant [...].\n[(1A The affidavit in support shall state the facts relied on in support of the application with particular reference—\n(a) in the case of an application under the Order of 1989, to the matters set out in Article 20(2) of that Order, and\n(b) in the case of an application under the Act of 2004, to the matters set out in paragraph 8(3) of Schedule 17 to that Act.]\n(2) The affidavit in support shall give particulars of the judicial or other proceedings by means of which the marriage [ or civil partnership, as the case may be,] to which the application relates was dissolved or annulled or by which the parties to the marriage [ or civil partnership,] were legally separated and shall state, so far as is known to the applicant:—\n[(a in the case of an application under Part IV of the Order of 1989, the names of the parties to the marriage and the date and place of the marriage;\n(aa) in the case of an application under the Act of 2004, the names of the parties to the civil partnership and the date and place of the formation of the civil partnership;]\n(b) the occupation and residence of each of the parties to the marriage [ or civil partnership, as the case may be];\n(c) whether there are any living children of the family and, if so, the number of such children and full names (including surname) of each and his date of birth or, if it be the case, that he is over 18;\n[(d whether either party to the marriage or civil partnership has subsequently married or formed a civil partnership;]\n(e) an estimate in summary form of the approximate amount or value of the capital resources and net income of each part; and of any minor child of the family;\n(f) the grounds on which it is alleged that the court has jurisdiction to entertain an application for financial relief [,]\n[(g this rule and rule 3.13 apply to an application for financial relief under—\n(i) Part IV of the Order of 1989; and\n(ii) Schedule 17 to the Act of 2004.]\n(3) The proper officer shall fix a date and time for the hearing of the application by the judge in chambers and give notice thereof to the applicant.",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Words substituted by S.R. 2005 No. 497 with effect from 05.12.05"
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Words omitted by S.R. 2005 No. 497 with effect from 05.12.05"
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Paragraph inserted by S.R. 2005 No. 497 with effect from 05.12.05"
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "Words inserted by S.R. 2005 No. 497 with effect from 05.12.05"
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "Words inserted by S.R. 2005 No. 497 with effect from 05.12.05"
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "Sub-paragraph substituted by S.R. 2005 No. 497 with effect from 05.12.05"
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "Words inserted by S.R. 2005 No. 497 with effect from 05.12.05"
    },
    {
      "type": "footnote",
      "label": "f8",
      "text": "Sub-paragraph substituted by S.R. 2005 No. 497 with effect from 05.12.05"
    },
    {
      "type": "footnote",
      "label": "f9",
      "text": "Punctuation substituted by S.R. 2005 No. 497 with effect from 05.12.05"
    },
    {
      "type": "footnote",
      "label": "f10",
      "text": "Sub-paragraph inserted by S.R. 2005 No. 497 with effect from 05.12.05"
    },
    {
      "type": "footnote",
      "label": "f11",
      "text": "Words inserted 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/3.12",
    "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."
}