Rule 3.5 Application for alteration of maintenance agreement after death of one party

Northern Ireland

(1)

An application under Article 38 of the Order of 1978 [^f1 or under paragraph 66 of Schedule 15 to the Act of 2004] for the alteration of a maintenance agreement after the death of one of the parties to it shall be made by originating summons in Form M21.

(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 an office copy of the grant of representation to the deceased’s estate and of every testamentary document admitted to proof.

(4)

The affidavit referred to in paragraph (2) shall state—

(a)

whether the deceased died domiciled in Northern Ireland;

[(b

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

(c)

the name of every child of the family and of any other child for whom the agreement makes financial arrangements, and—

(i)

the date of birth of each such child who is still living (or, if it be the case, that he has attained 18 years), and the place where the person with whom any such 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 in any court any, and if so what, previous proceedings with reference to the agreement or to the marriage [ or civil partnership, as the case may be,] or to the children of the family or to any other children for whom the agreement makes financial arrangements, and the date and effect of any [^f3 order, decree or civil partnership order] made in such proceedings;

(e)

whether there have been in any court any proceedings by the applicant against the deceased’s estate under the Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979^f4 or any statutory provision repealed by that Order and the date and effect of any order made in such proceedings;

(f)

in the case of an application by the surviving party, the applicant’s means;

(g)

in the case of an application by the personal representatives of the deceased, the surviving party’s means, so far as they are known to the applicants, and the information mentioned in sub-paragraph (a), (b) and (c) of rule 3.6(2);

(h)

the facts alleged by the applicant as justifying an alteration in the agreement and the nature of the alteration sought;

(i)

if the application is made after the end of the period of six months from the date on which representation in regard to the deceased’s estate was first taken out, the grounds on which the court’s permission to entertain the application is sought.

Annotations

Footnotes

f1: Words inserted by S.R. 2005 No. 497 with effect from 05.12.05
f2: Sub-paragraph substituted by S.R. 2005 No. 497 with effect from 05.12.05
f3: Words substituted by S.R. 2005 No. 497 with effect from 05.12.05
f4: S.I. 1979/924 (N.I. 8)