{
  "url": "https://openlegislation.uk/family-proceedings-rules-northern-ireland-1996/rule-3.3",
  "json_url": "https://openlegislation.uk/family-proceedings-rules-northern-ireland-1996/rule-3.3.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/3.3",
  "kind": "rule",
  "number": "3.3",
  "heading": "Hearing of applications under rule 3.1",
  "text": "(1) Without prejudice to the provisions of rule 3.2, rules 2.67 (except paragraphs (5) and (7) thereof) and 2.68 shall apply with the necessary modifications to an application for an order under Article 29 of the Order of 1978 [ or Part 8 of Schedule 15 to the Act of 2004] as if the application were an application for ancillary relief.\n(2) The application shall be heard by a judge in chambers, and, if the application is to [ the county court], the hearing shall be fixed to take place at such court as in the opinion of the chief clerk is the most convenient.\n(3) On the hearing of the application the judge may make such order as he thinks just or may refer the application (except any application under Article 8 of the Order of 1995), or any application for an order under Article 29(5) of the Order of 1978 [ or paragraph 34(3) of Schedule 15 to the Act of 2004, as the case may be,] to the Master for him to investigate the means of the parties to the marriage [ or civil partnership].\n(4) Where an application is referred to the Master under paragraph (3), the proper officer or the chief clerk, as the case may be, shall fix an appointment for the hearing of the application and thereupon the provisions of these Rules relating to ancillary relief shall apply except that where the judge has not made a finding that there has been wilful neglect to maintain—\n(a) the Master shall, after completing his investigation under rule 2.64, report the result thereof in writing to a judge to whom the application shall be adjourned;\n(b) the Master’s report shall contain an estimate of the financial relief to which, in his opinion, the applicant would be entitled if the application were granted;\n(c) the Master’s report shall be filed and any party shall be entitled to inspect the report and to be supplied with a copy of it on payment of the prescribed fee.\n(5) Where a person has been made a party cited, the judge may, if after the close of the evidence on the part of the respondent he is of opinion that there is not sufficient evidence against the party cited, dismiss him from the proceedings.\n(6) Subject to the provisions of this rule and of rules 3.1 and 3.2, these Rules shall, so far as applicable, apply with the necessary modifications to an application under Article 29 of the Order of 1978 [ or Part 8 of Schedule 15 to the Act of 2004, as the case may be] as if—\n(a) the application were a cause, and\n(b) the originating summons were a petition and the applicant the petitioner.",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Word in rule 3.3(2) substituted (31.10.2016) by The Family Proceedings (Amendment) Rules (Northern Ireland) 2016 (S.R. 2016/301), rules 1(1), 2(24); S.R. 2016/387, art. 2(a)"
    },
    {
      "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 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"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/1996/322/rule/3.3",
    "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."
}