Rule 3.4 Application for alteration of maintenance agreement during lifetime of parties

Northern Ireland

(1)

An application to the court under Article 37 of the Order of 1978 [^f1 or under paragraph 62 of Schedule 15 to the Act of 2004] for the alteration of a maintenance agreement during the lifetime of the parties shall be made by originating summons in accordance with Form M20.

(2)

The application may be filed in the Matrimonial Office or a county court office and may be heard and determined by the Master.

(3)

There shall be filed in support of the summons an affidavit by the applicant exhibiting a copy of the agreement and stating—

(a)

the residence of the parties to the agreement at the date of the application and, unless both parties are then resident in Northern Ireland, their domicile at that date;

[(b

^f2 the date and place of the marriage between the parties to the agreement, or the place at the date on which they formed their civil partnership, as the case may be;]

(c)

the full names (including surnames) of any children of the family and of any other children for whom the agreement makes financial arrangements and—

(i)

the date of birth of each child, now living or, if it be the case, that he is over 18 years of age, and, in the case of each minor over 16 years of age, whether he is or will be, or if an order or provision were made would be, receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation and the place where and the person with whom any minor child is residing;

(ii)

the date of death of any such child who has died since the agreement was made;

(d)

whether there have been any previous proceedings in any court with reference to the agreement or to the marriage [ or civil partnership, as the case may be;] or to any child of the family or of the other children for whom the agreement makes financial arrangements or between the applicant and respondent with reference to any property of either or both of them, and the date and effect of any order made;

(e)

whether there are or have been any proceedings in the Child Support Agency with reference to the maintenance of each child and if so the details of those proceedings;

(f)

the means of the applicant and the other party to the agreement insofar as they are within the applicant’s knowledge or belief;

(g)

the nature of the alteration of the agreement sought and the facts alleged by the applicant to justify the alterations.

(4)

A copy of the affidavit shall be served on the respondent with the summons.

(5)

The respondent shall, within 14 days after the time limited for giving notice of intention to defend, file an affidavit in answer to the application containing full particulars of his property and income and, if he does not do so, the court may order him to file an affidavit containing such particulars.

(6)

A respondent who files an affidavit under paragraph (5) shall serve a copy on the applicant.

Annotations

Footnotes

f1: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05
f2: Words substituted by S.R. 2005 No. 497 with effect from 05.12.05