{
  "url": "https://openlegislation.uk/family-proceedings-rules-northern-ireland-1996/rule-3.13",
  "json_url": "https://openlegislation.uk/family-proceedings-rules-northern-ireland-1996/rule-3.13.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/3.13",
  "kind": "rule",
  "number": "3.13",
  "heading": "Application for an order for financial relief or an avoidance of transaction order under Part IV of the Order of 1989 [ or under Schedule 17 to the Act of 2004]",
  "text": "(1) An application to the High Court for an order for financial relief under Part IV of the Order of 1989 [ or Schedule 17 to the Act of 2004] shall be made by originating summons in Form M28 issued out of the Matrimonial Office and at the same time the applicant, unless otherwise directed, shall file an affidavit in support of the summons giving full particulars of his property and income.\n(2) The applicant shall serve a sealed copy of the originating summons on the respondent and shall annex thereto a copy of the affidavit in support, if one has been filed, and a notice of proceedings and acknowledgement of service in Form M30, and rule 2.10 shall apply to such an acknowledgement of service as if the references in paragraph (1) of that rule to Form M6 [ and M6A] and in paragraph (2) to 14 days were, respectively, references to Form M30 and 31 days.\n(3) Rules 2.59, 2.61, 2.62, 2.64(4), (6) and (7), 2.72(1) and (2) shall apply, with the necessary modifications, to an application for an order for financial relief under this rule as they apply to an application for ancillary relief made by notice in Form M13 and the court may order the attendance of any person for the purpose of being examined or cross-examined and the discovery and production of any document.\n(4) An application for an interim order for maintenance [...] or an avoidance of transaction order [...] may be made, unless the court otherwise directs, in the originating summons under paragraph (1) or by summons in accordance with rule 7.5 and an application for [ an avoidance of transaction order] shall be supported by an affidavit, which may be the affidavit filed under paragraph (1), stating the facts relied on.\n(5) If the respondent intends to contest the application he shall, within 28 days after the time limited for giving notice to defend, file an affidavit in answer to the application setting out the grounds on which he relies and shall serve a copy on the applicant.\n(6) In respect of any application for an avoidance of transaction order the court may make such order as it is empowered to make by paragraph (3) and rule 2.61 shall apply, with the necessary modifications, to an application for an avoidance of transaction order as it applies to an avoidance of disposition order.\n(7) Where the originating summons contains an application for an order under Article 26 of the Order of 1989 [ or under paragraph 13 of Schedule 17 to the Act of 2004] the applicant shall serve a copy on the landlord of the dwelling-house and he shall be entitled to be heard on the application.\n(8) Where, in reliance on Article 26 of the Order of 1989 [ or paragraph 13 of Schedule 17 to the Act of 2004], the court intends to make an order under Part II of Schedule 1 to that Order [ or Part 2 of Schedule 2 to the Family Homes and Domestic Violence (Northern Ireland) Order 1998, as the case may be,] then, before making the order, the court shall cause notice of its intention to make the order to be given to the landlord of the dwelling-house and shall afford him an opportunity of being heard.\n(9) An application for an order for financial relief [...] or for an avoidance of transaction order shall be determined by the judge.\n[(10 In this Rule—\n(a) “avoidance of transaction order” means—\n(i) in relation to an application under the Order of 1989, an application under Article 27 of that Order, and\n(ii) in relation to an application under the Act of 2004, an application under paragraph 15 of Schedule 17 to that Act; and\n(b) “interim order for maintenance” means—\n(i) in relation to an application under the Order of 1989, an order under Article 18 of that Order, and\n(ii) in relation to an application under the Act of 2004, an order under paragraph 5 of Schedule 17 to that Act.]",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Words inserted by S.R. 2005 No. 497 with effect from 05.12.05"
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Words inserted by S.R. 2005 No. 497 with effect from 05.12.05"
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Words omitted by S.R. 2005 No. 497 with effect from 05.12.05"
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "Words omitted by S.R. 2005 No. 497 with effect from 05.12.05"
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "Words substituted by S.R. 2005 No. 497 with effect from 05.12.05"
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "Words inserted 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": "Words inserted by S.R. 2005 No. 497 with effect from 05.12.05"
    },
    {
      "type": "footnote",
      "label": "f9",
      "text": "S.I. 1998/1071 (N.I. 6)"
    },
    {
      "type": "footnote",
      "label": "f10",
      "text": "Words omitted by S.R. 2005 No. 497 with effect from 05.12.05"
    },
    {
      "type": "footnote",
      "label": "f11",
      "text": "Paragraph inserted by S.R. 2005 No. 497 with effect from 05.12.05"
    },
    {
      "type": "footnote",
      "label": "f12",
      "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/3.13",
    "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."
}