United Kingdom Statutory Instruments

" (c) to applications under Schedule 5 to the Act of 2004 except Part 9, Part 12 and paragraphs 69 and 73 of that Schedule; and";

(b) for "(c)" substitute "(d)"; and

(c) after "section 41 of the Act of 1973" insert "and section 63 of the Act of 2004".

(a) in a matrimonial cause, to any divorce county court, and

(b) in a civil partnership cause, to any civil partnership proceedings county court.";

(b) in paragraph (2), after "marriage" insert "or civil partnership";

(c) in paragraph (3), after "judicial separation" insert "or dissolution or separation";

(d) in paragraph (4)—

(i) for "Where" substitute "In a matrimonial cause, where"; and

(ii) for "disposed of by a final order" substitute "finally disposed of";

(e) after paragraph (4) insert—

But no such leave shall be required where it is proposed, after the expiration of the period of one year from the date of the civil partnership, to present a petition for dissolution alleging such of the facts mentioned in section 44(5) of the Act of 2004 as were alleged in a petition for separation presented before the expiration of that period."; and

(a) in a matrimonial cause, in Form M5 with Form M6 attached, and

(b) in a civil partnership cause, in Form M5A with Form M6A attached,

and shall also annex to the copy petition for service on a respondent the copy of any statement and report filed pursuant to paragraph (5) of this rule.".

" —

(a) for nullity of marriage under section 12(g) of, or paragraph 11(1)(e) of Schedule 1 to, the Act of 1973, and

(b) for nullity of civil partnership under section 50(1)(d) of the Act of 2004."; and

(b) in paragraph (4), for the words after "pending" substitute—

" .

    (5) Where a copy of an interim certificate has been filed under paragraph (2) the notice given under paragraph (3) must be accompanied by a copy of the certificate.

    (6) Where a copy of the certificate has not been filed under paragraph (2) the notice given under paragraph (3) must also state—

(a) in a matrimonial cause—


(i) the names of the parties to the marriage and the date and place of the marriage, and

(ii) the last address at which the parties to the marriage lived together as husband and wife;



(b) in a civil partnership cause—



(i) the names of the parties to the civil partnership and the date on, and the place at which, the civil partnership was formed, and

(ii) the last address at which the parties to the civil partnership lived together as civil partners of each other; and



(c) in any case, such further particulars as the proper officer considers appropriate.".

(i) after "nullity" insert "of marriage"; and

(ii) after "the Act of 1973" insert "or a petition for nullity of civil partnership is brought under section 50(1)(e) of the Act of 2004".

(i) in sub-paragraph (a), after "decree" the first time it appears insert "or civil partnership order, as the case may be,";

(ii) for sub-paragraph (b), substitute—

" (b) no other relevant fact is alleged,"; and

(iii) after "decree" the second time it appears insert "or order"; and

(c) after paragraph (6A) insert—

(a) in a matrimonial cause, one of the facts mentioned in section 1(2) of the Act of 1973, and

(b) in a civil partnership cause, one of the facts mentioned in section 44(5) of the Act of 2004.".

(a) section 50(1)(d) of the Act of 2004 and an interim gender recognition certificate has been issued to the respondent,

(b) section 50(1)(e) of the Act of 2004 and a full gender recognition certificate has been issued to the respondent."; and

(c) in paragraph (2), after "Form M6" insert "or Form M6A, as the case may be,".

(a) in a matrimonial cause, one of the facts mentioned in section 1(2) of the Act of 1973, and

(b) in a civil partnership cause, one of the facts mentioned in section 44(5) of the Act of 2004.".

(i) after "the Act of 1973" insert ", or section 47(1) of the Act of 2004, as the case may be,"; and

(ii) after "decree" insert "or civil partnership order"; and

(b) in paragraph (4), after "the Act of 1973" insert "or under section 50(1)(b) of the Act of 2004".

     " .

    (5) Where a copy of an interim certificate has been filed under paragraph (2) the notice given under paragraph (3) must be accompanied by a copy of the certificate.

    (6) Where a copy of the certificate has not been filed under paragraph (2) the notice given under paragraph (3) must also state—

(a) in a matrimonial cause—


(i) the names of the parties to the marriage and the date and place of the marriage, and

(ii) the last address at which the parties to the marriage lived together as husband and wife, and



(b) in a civil partnership cause—



(i) the names of the parties to the civil partnership and the date on which and the place at which the civil partnership was formed,

(ii) the last address at which the parties to the civil partnership lived together as civil partners of each other, and



(c) in any case, such further particulars as the proper officer considers appropriate.".

(i) after "decree" insert "or order"; and

(ii) after"marriage" insert "or civil partnership";

(b) after "nullity" insert "of marriage"; and

(c) after "the Act of 1973" insert "or an order for nullity of civil partnership under section 50(1)(e) of the Act of 2004".

(a) section 50(1)(d) of the Act of 2004 and an interim gender recognition certificate has been issued to the petitioner;

(b) section 50(1)(e) of the Act of 2004 and a full gender recognition certificate has been issued to the petitioner.".

(i) after "husband or wife" insert "or a civil partner"; and

(ii) after "(g)" insert ",(ga)".

" —

(a) in a matrimonial cause, in Form M5 with Form M6 attached, and

(b) in a civil partnership cause, in Form M5A with Form M6A attached,

and shall send a copy to every other opposite party.".

(a) the cause is an undefended cause for divorce or judicial separation or nullity of marriage under section 12(g) of, or paragraph 11(1)(e) of Schedule 1 to, the Act of 1973 and, in a case to which section 1(2)(d) of the Act of 1973 applies, the respondent has filed a notice under rule 2.10(1) that he consents to the grant of a decree, or

(b) the cause is an undefended cause for dissolution or separation or nullity of civil partnership under section 50(1)(d) of the Act of 2004 and, in a case to which section 44(5)(b) of the Act of 2004 applies, the respondent has filed a notice under rule 2.10(1) that he consents to the grant of a civil partnership order,

then, unless otherwise directed, there shall be filed with the request for directions for trial an affidavit by the petitioner in accordance with the requirements set out in paragraph (3A), and the district judge shall give directions for trial by entering the cause in a list to be known as the special procedure list.

    (3A) An affidavit filed under paragraph (3) must—

(a) contain the information required by Form M7(a), (b), (c), (d), (e), (f) or (g) (whichever is appropriate) as near as may be in the order there set out, together with any corroborative evidence on which the petitioner intends to rely, and

(b) verify, with such amendments as the circumstances may require, the contents of any statement of arrangements filed by the petitioner under rule 2.2(2).";

(d) in paragraph (6), for "(3)(b)" substitute "(3A)(b)"; and

(e) in paragraph (7), after "(3)" insert ", (3A)".

(i) after "the divorce town", wherever it appears, insert "or the dissolution town"; and

(ii) after "a divorce town" insert "or a dissolution town".

(a) a decree of nullity of marriage under section 12(g) of, or paragraph 11(1)(e) of Schedule 1 to, the Act of 1973, or

(b) an order for nullity of civil partnership under section 50(1)(d) of the Act of 2004,

unless the court has given leave.".

(i) for sub-paragraph (a) substitute—

" (a) there are no children of the family to whom—


(i) in a matrimonial cause, section 41 of the Act of 1973 applies; or

(ii) in a civil partnership cause, section 63 of the Act of 2004 applies, or"; and



(ii) in sub-paragraph (b), for "any direction under section 41(2) of the Act of 1973", substitute "a relevant direction";

(d) in paragraph (3), for "section 41(2) of the Act of 1973" substitute "his power to give a relevant direction";

(e) in paragraph (4), for "direction under section 41(2) of the Act of 1973" substitute "relevant direction"; and

(f) for paragraph (5) substitute—

(a) "parties" means the petitioner, the respondent and any person who appears to the court to have the care of the child; and

(b) "relevant direction" means a direction—


(i) in a matrimonial cause, under section 41(2) of the Act of 1973, and

(ii) in a civil partnership cause, under section 63(2) of the Act of 2004.".

(i) after "marriage" insert "or a final order of dissolution or nullity of civil partnership";

(ii) after "was founded" insert "or the conditional order on which the final order was founded, as the case may be,"; and

(c) in paragraph (10), after "decree" insert "or civil partnership order, as the case may be,".

(i) for "every order made in open court" substitute "every civil partnership order, every other order made in open court";

(ii) in sub-paragraph (a), for "divorce county court" substitute "designated county court"; and

(iii) in sub-paragraph (c), after "divorce town" insert "or at a dissolution town".

(b) in paragraph (2)—

(i) after "decree" insert "or civil partnership order"; and

(ii) for "divorce county court" substitute "designated county court".

(a) under section 10(1) of the Act of 1973 for the rescission of a decree of divorce, or

(b) under section 48(1) of the Act of 2004 for the rescission of a conditional order of dissolution,

shall be made to a judge and shall be heard in open court, save that where the decree or civil partnership order was pronounced by a district judge the application shall be made to a district judge.".

(i) after "for divorce" insert "or dissolution"; and

(ii) for "the divorce" substitute "that divorce or dissolution";

(c) in paragraph (5)—

(i) for "Where" substitute "In a matrimonial cause, where"; and

(ii) for "2.51B" substitute "2.51D";

(d) after paragraph (5), insert—

(a) against a decree nisi being made absolute, or

(b) against a conditional order being made final,

he shall give notice to that effect to the court and to the party in whose favour it was pronounced.";

(i) after "the decree", the first time it appears, insert "or civil partnership order, as the case may be,"; and

(ii) for "the decree", the second time it appears, substitute "that decree or order";

(c) in paragraph (5), after "decree" insert "or civil partnership order"; and

(d) in paragraph (6), after "decree nisi" insert "or the conditional order".

(a) under section 9 of the Act of 1973 against a decree nisi being made absolute, or

(b) under section 40 of the Act of 2004 against a conditional order being made final,

he shall file an affidavit stating the facts on which he relies and a copy shall be served on the party in whose favour the decree or conditional order, as the case may be, was pronounced.";

(a) in a matrimonial cause—


(i) after a decree nisi has been pronounced but before it has been made absolute, or

(ii) after a decree of judicial separation has been pronounced; and



(b) in a civil partnership cause—



(i) after a conditional order has been made but before it has been made final, or

(ii) after a separation order has been made,



either party may apply for an order rescinding that decree or order by consent."; and

(c) in paragraph (2)—

(i) for "divorce county court" substitute "designated county court";

(ii) after "spouse" insert "or civil partner, as the case may be,"; and

(iii) after "decree" insert "or civil partnership order".

(a) a spouse to make absolute a decree nisi pronounced in his favour, or

(b) a civil partner to make final a conditional order made in his favour,

may be made by lodging with the court a notice in Form M8.";

(i) in sub-paragraphs (a) and (b), after "decree", wherever it appears insert "or the conditional order";

(ii) in sub-paragraph (e), at the beginning of the sub-paragraph, insert "if the cause is a matrimonial cause,"

(iii) after sub-paragraph (e), insert—

" (ea) if the cause is a civil partnership cause, that the court has complied with section 63(1) of the Act of 2004 and has not given any direction under section 63(2);";

(iv) in sub-paragraph (f), after "decree" insert "or the conditional order, as the case may be";

(v) in sub-paragraph (g), at the beginning of the sub-paragraph insert "if the cause is a matrimonial cause,";

(vi) after sub-paragraph (g) insert—

" (ga) if the cause is a civil partnership cause, that the provisions of section 48(2) to (5) of the Act of 2004 do not apply or have been complied with;";

(vii) in sub-paragraph (i), after "the Act of 1973" insert "or the conditional order was made on the ground in section 50(1)(d) of the Act of 2004, as the case may be";

(viii) after "the district judge shall make the decree absolute" insert "the district judge shall make the decree absolute or the conditional order final";

(ix) in the part of paragraph (2) which begins "Provided that", after "decree nisi", wherever it appears, insert "or the conditional order";

(x) after "(c)", the second time it appears, insert "if the cause is a matrimonial cause,"; and

(xi) at the end of paragraph (c), insert—

     " or

(d) if the cause is a civil partnership cause, stating whether either of the civil partners has, or whether the applicant has reason to believe that the respondent has, given birth to any child since the conditional order and, if so, stating the relevant facts and whether or not it is alleged that the child is or may be a child of the family;".

(i) after "decree nisi to be made absolute" insert "or a conditional order to be made final";

(ii) in sub-paragraph (a), at the beginning of the sub-paragraph, insert "in a matrimonial cause,";

(iii) after sub-paragraph (a) insert—

" (aa) in a civil partnership cause, where the Queen's Proctor gives to the court and to the party in whose favour the conditional order was made a notice that he requires more time to decide whether to show cause against the conditional order being made final and the notice has not been withdrawn, or";

(iv) in sub-paragraph (b), after "made absolute" insert "or the conditional order is made final";

(v) for "divorce county court" substitute "designated county court"; and

(vi) after "sub-paragraph (a)", insert "or (aa)"; and

(c) for paragraph (2) substitute—

(a) by a spouse for a decree nisi pronounced against him to be made absolute may be made to a judge or the district judge, and the summons by which the application is made (or, where the cause is pending in a divorce county court, notice of the application) shall be served on the other spouse not less than four clear days before the day on which the application is heard, or

(b) by a civil partner for a conditional order pronounced against him to be made final may be made to a judge or the district judge, and the summons by which the application is made (or, where the cause is pending in a civil partnership proceedings county court, notice of the application) shall be served on the other civil partner not less than four clear days before the day on which the application is heard.".

(a) any ancillary relief application,

(b) any application under section 10(2) of the Act of 1973, and

(c) any application under section 48(2) of the Act of 2004.".

" (aa) an order for maintenance pending outcome of proceedings,".

" (d) whether either party has subsequently married or formed a civil partnership or has any present intention to do so or to cohabit with another person;"; and

(d) in sub-paragraph (dd), after "the Act of 1973" insert "or under paragraphs 15, 25 or 26 of Schedule 5 to the Act of 2004".

     For the purposes of this paragraph the Royal Courts of Justice shall be treated as a dissolution town.".

(i) after "nullity of marriage" insert "or a conditional order of dissolution or nullity of civil partnership";

(ii) after "maintenance pending suit", the first time it appears, insert "or outcome of proceedings, as the case may be,"; and

(iii) after "maintenance pending suit", the second time it appears, insert "or outcome of proceedings";

(c) in paragraph (2), after "spouse" insert "or civil partner, as the case may be," and

(d) in paragraph (3)—

(i) after "spouse", the first and second time it appears, insert "or civil partner", and

(ii) after "spouse", the third time it appears, insert "or civil partner, as the case may be".

(a) in a matrimonial cause, the party with pension rights, and

(b) in a civil partnership cause, the civil partner with pension rights,

shall within seven days after receiving notification of the date of that appointment, request the person responsible for each pension arrangement under which he has or is likely to have benefits to furnish the information referred to in regulation 2(2) of the Pensions on Divorce etc (Provision of Information) Regulations 2000.";

(i) after "party with pension rights" insert " or civil partner with pension rights, as the case may be,"; and

(ii) after "other party" insert "or civil partner";

(c) in paragraph (4), after "party with pension rights" insert "or the civil partner with pension rights";

(d) in paragraph (6)—

(i) for "including provision to be made under section 24B (pension sharing) of the Act of 1973" substitute "which includes a request for a pension sharing order"; and

(ii) for "such provision" substitute "such an order";

(e) in paragraph (7)—

(a) in the case of an application under the Act of 1973, to any divorce county court, and

(b) in the case of an application under the Act of 2004, to any civil partnership proceedings county court,

and there shall be filed with the application an affidavit by the applicant and also a copy of the application and of the affidavit for service on the respondent.";

(a) rule 10.10 with such modifications as may be appropriate and as if the application were an application for ancillary relief; and

(b) paragraphs 5 to 9 of Appendix 4;".

(a) in the case of an application under the Act of 1973, to any divorce county court, and

(b) in the case of an application under the Act of 2004, to any civil partnership proceedings county court,

and may be heard and determined by the district judge.".

(i) for sub-paragraph (b), substitute—

" (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;"; and

(ii) in sub-paragraph (d), after "marriage" insert "or civil partnership, as the case may be,".

(a) in the case of an application under either section or paragraph—


(i) rule 10.10 with such modifications as may be appropriate and as if the application were an application for ancillary relief; and

(ii) paragraphs 4, 7 and 8 of Appendix 4, and



(b) in the case of an application under section 35 or paragraph 69, paragraph 9 of Appendix 4; and

(c) in the case of an application under section 36 or paragraph 73, paragraph 9(5) to (7) of Appendix 4."; and

(c) in paragraph (2) for "section 35 or section 36 (as the case may be) of the Act of 1973" substitute "section 35 or section 36 of the Act of 1973 or paragraph 69 or paragraph 73 of Schedule 5 to the Act of 2004, as the case may be".

(i) omit the words in brackets; and

(ii) after "1882" insert "or under section 66 of the Act of 2004";

(c) for paragraph (2) substitute—

(a) in a matrimonial cause, under section 17, and

(b) in a civil partnership cause, under section 66,

may be made in any ancillary relief proceedings upon the application of any party thereto by notice of application or summons.";

(i) after "section 17" insert "or section 66";

(ii) in sub-paragraph (a), after "sub-paragraph (b)" insert "and (c)";

(iii) for sub-paragraph (b) substitute—

" (b) in the case of an application under section 17, in the divorce county court in which any pending matrimonial cause has been commenced by or on behalf of either the applicant or the respondent or in which any matrimonial cause is intended to be commenced by the applicant, and

(c) in the case of an application under section 66, in the civil partnership proceedings county court in which any pending civil partnership cause has been commenced by or on behalf of either the applicant or the respondent or in which any civil partnership cause is intended to be commenced by the applicant.";

(e) in paragraphs (9) and (11), after "section 17", each time it appears, insert "or under section 66";

(f) for paragraph (10) substitute—

(a) a reference to section 17 is to section 17 of the Married Women's Property Act 1882; and

(b) a reference to section 66 is to section 66 of the Act of 2004.".

(i) for "Rules 2.62(4) to (6) and 2.63 (investigation, requests for further information) shall apply, with necessary modifications," substitute "Paragraph 7 of Appendix 4 shall apply"; and

(ii) omit ", as they apply to an application for ancillary relief"; and

(c) in paragraph (14), omit the words in brackets.

(a) the names of each party to the civil partnership to which the application relates and the residential address of each of them at the date of the presentation of the petition;

(b) the place at, and the date on which, the civil partnership was formed;

(c) the grounds on which the application is made and all other material facts alleged by the petitioner to justify the making of the declaration;

(d) whether there have been or are continuing any proceedings in any court, tribunal or authority in England and Wales or elsewhere between the parties which relate to, or are capable of affecting, the validity or subsistence of the civil partnership, dissolution, annulment or legal separation to which the application relates, or which relate to the civil partnership or matrimonial status of either of the parties;

(e) in relation to any proceedings to which paragraph (d) applies—


(i) the nature, and either the outcome or present state of those proceedings,

(ii) the court, tribunal or authority before which they were begun,

(iii) the date when they were begun,

(iv) the names of the parties to them,

(v) the date or expected date of the trial,

(vi) any other facts relevant to the question whether the petition should be stayed under the Family Proceedings (Civil Partnership: Staying of Proceedings) Rules 2005;



(f) where it is alleged that the court has jurisdiction based on domicile, which of the parties to the civil partnership to which the application relates—



(i) is domiciled in England and Wales on the date of the presentation of the petition, or

(ii) died before that date and was at death domiciled in England and Wales;



(g) where it is alleged that the court has jurisdiction based on habitual residence, which of the parties to the civil partnership to which the application relates—



(i) has been habitually resident in England and Wales, or

(ii) died before that date and had been habitually resident in England and Wales throughout the period of one year ending with the date of death;



(h) where the petitioner was not a party to the civil partnership to which the application relates, particulars of his interest in the determination of the application.

    (2) Proceedings to which paragraph (1)(d) applies—

(a) include any proceedings instituted otherwise than in a court of law in any country outside England and Wales, if they are instituted before a tribunal or other authority having power under the law having effect there to determine questions of status, and

(b) are treated as continuing if they have begun and have not been finally disposed of.

    (3) Where the proceedings are for a declaration that the validity of a dissolution, annulment or legal separation obtained in any country outside England or Wales in respect of the civil partnership either is or is not entitled to recognition in England and Wales, the petition must in addition state the date and place of the dissolution, annulment or legal separation.

    (4) There must be annexed to the petition a copy of the certificate of any civil partnership, or, as the case may be, a certified copy of any order for dissolution, annulment or legal separation, to which the application relates.

    (5) Where a document produced by virtue of paragraph (4) is not in English it must, unless otherwise directed, be accompanied by a translation certified by a notary public or authenticated by affidavit.

    (6) The parties to the civil partnership in respect of which a declaration is sought shall be the petitioner and respondent respectively to the application, unless a third party is applying for a declaration, in which case he shall be the petitioner and the parties to the civil partnership shall be the respondents.".

(a) section 55, section 55A and section 56(1)(b) and (2) of the Act of 1986 shall be in the forms prescribed respectively in Forms M29, M30 and M31; and

(b) section 58 of the Act of 2004 shall be the form prescribed in Form M29A.".

(i) for "under Part III of the Act of 1984" substitute "to which this rule applies"; and

(ii) omit the words after "applicant" to the end of the paragraph;

(c) after paragraph (1), insert—

(a) in the case of an application under the Act of 1984, to the matters set out in section 16(2) of that Act, and

(b) in the case of an application under the Act of 2004, to the matters set out in paragraph 8(3) of Schedule 7 to that Act."; and

(d) in paragraph (2)—

(i) after "by means of which the marriage" insert "or civil partnership, as the case may be,";

(ii) after "marriage", the second time it appears, insert "or civil partnership";

(iii) for sub-paragraph (a) substitute—

" (a) in the case of an application under the Act of 1984, the names of the parties to the marriage and the date and place of the marriage;

(ab) in the case of an application under the Act of 2004, the names of the parties to the civil partnership and the date on, and place at which it was formed;"

(iv) in sub-paragraph (b), after "to the marriage" insert "or civil partnership, as the case may be";

(v) for sub-paragraph (d) substitute—

" (d) whether either party to the marriage or civil partnership has subsequently married or formed a civil partnership;";

(vi) in sub-paragraph (f), for "under Part III of the Act of 1984." substitute ";"; and

(vii) after sub-paragraph (f) insert—

" (g) this rule and rule 3.18 apply to an application for financial relief under—


(i) Part III of the Act of 1984; and

(ii) Schedule 7 to the Act of 2004.".

(i) omit "under section 14";

(ii) omit "under section 23 of the Act of 1984"; and

(iii) for "an order under section 23" substitute "an avoidance of transaction order";

(f) in paragraph (6), for "rule 2.59 shall apply" to the end of the paragraph substitute "paragraph 3 of Appendix 4 shall apply to such an application.";

(g) in paragraph (7), after "the Act of 1984" insert "or under paragraph 13 of Schedule 7 to the Act of 2004";

(h) in paragraph (8), omit "under Part III of the Act of 1984"; and

(i) after paragraph (8) insert—

(a) "avoidance of transaction order" means—


(i) in relation to an application under the Act of 1984, an application under section 23 of that Act, and

(ii) in relation to an application under the Act of 2004, an application under paragraph 15 of Schedule 7 to that Act; and



(b) "interim order for maintenance" means—



(i) in relation to an application under the Act of 1984, an order under section 14 of that Act, and

(ii) in relation to an application under the Act of 2004, an order under paragraph 5 of Schedule 7 to that Act.".

" "special guardianship order" has the meaning assigned to it by section 14A;"; and

(i) after "4(3)," insert "4A(1)(b), 4A(3),"; and

(ii) after "13(1)," insert "14A, 14C(3), 14D,".

(a) section 7, the welfare officer or children and family reporter; or

(b) section 14A(8) or (9), the local authority preparing that report.";

(b) for paragraph (2)(i), substitute—

" (i) consolidation with other proceedings;

(j) the preparation of reports under section 14A(8) or (9);

(k) the attendance of the person who prepared the report under section 14A(8) or (9) at any hearing at which the report is to be considered."; and

(c) in paragraph (8), after "under section" insert "14A, 14D,".

(i) in accordance with any direction given under paragraph (2); and

(ii) on any children's guardian, welfare officer or children and family reporter.".

"Appendix 4

rules 3.1(10), 3.5(1), 3.6(10), 3.8(13), 3.18(3) and (6), 3.19(5)
     1. In this Appendix a reference to a paragraph by number alone is a reference to a paragraph of this Appendix.

Representation of children on applications under Act of 1984 and under Schedule 7 to the Act 2004
     2. —(1)Sub-paragraph (2) applies where, on an application for financial relief under Part III of the Act of 1984 or under Schedule 7 to the Act of 2004, an application is made for an order for a variation of settlement.

    (2) The court must, unless it is satisfied that the proposed variation does not adversely affect the rights or interests of any children concerned, direct that the children be separately represented on the application, either by a solicitor or by a solicitor and counsel, and may appoint the Official Solicitor or other fit person to be guardian ad litem of the children for the purpose of the application.

    (3) On any other application for financial relief under Part III of the Act of 1984 or under Schedule 7 to the Act of 2004 the court may give such a direction or make such appointment as it is empowered to give or make by sub-paragraph (2).

    (4) Before a person other than the Official Solicitor is appointed guardian ad litem under this rule the solicitor acting for the children must file a certificate that the person proposed as guardian has no interest in the matter adverse to that of the children and that he is a proper person to be such guardian.

Evidence on application for financial relief or avoidance of transaction order under Act of 1984 or under Schedule 7 to Act of 2004
     3. —(1) Where an application is made for financial relief or an avoidance of transaction order under Part III of the Act of 1984 or under Schedule 7 to the Act of 2004, the affidavit in support must contain, so far as known to the applicant, full particulars—


(a) in the case of an application for a transfer or settlement of property—


(i) of the property in respect of which the application is made, and

(ii) of the property to which the party against whom the application is made is entitled either in possession or reversion;



(b) in the case of an application for an order for a variation of settlement—



(i) of all relevant settlements, made on the spouses or civil partners, as the case may be, and

(ii) of the funds brought into settlement by each spouse or civil partner;



(c) in the case of an application for an avoidance of transaction order—



(i) of the property to which the disposition relates, and

(ii) of the person in whose favour the disposition is alleged to have been made,



and in the case of a disposition alleged to have been made by way of settlement, of the trustees and the beneficiaries of the settlement.



    (2) Where an application for a property adjustment order or an avoidance of transaction order relates to land, the affidavit in support must identify the land and—



(a) state whether the title to the land is registered or unregistered and, if registered, the Land Registry title number; and

(b) give particulars, so far as known to the applicant, of any mortgage of the land or other interest in it.



    (3) A copy of Form M26 or M27 as the case may be, together with a copy of the supporting affidavit, must, as well as being served on the respondent, be served—



(a) in the case of an application for an order for a variation of settlement, on the trustees of the settlement and the settlor if living;

(b) in the case of an application for an avoidance of transaction order, on the person in whose favour the disposition is alleged to have been made; and

(c) in the case of an application to which sub-paragraph (2) refers, on any mortgagee of whom particulars are given pursuant to that paragraph,and on such other persons, if any, as the district judge may direct.



    (4) Any person who is served with an application pursuant to sub-paragraph (3) may within 14 days after service file an affidavit in answer.

    (5) In this rule a relevant settlement—



(a) in relation to a marriage, is an ante-nuptial or post-nuptial settlement; and

(b) in relation to a civil partnership, is a settlement made during its subsistence or in anticipation of its formation, on the civil partners including one made by will or codicil, but not including one in the form of a pension arrangement (within the meaning of Part 4 of Schedule 5 to the Act of 2004).



Service of affidavit on application for alteration of maintenance agreement
     4. —(1) This paragraph applies to an affidavit filed in support of an application under section 35 or 36 of the Act of 1973 or paragraphs 69 or 73 of Schedule 5 to the Act of 2004.

    (2) This paragraph, apart from sub-paragraph (3), also applies to an affidavit filed in support of an application under section 27 of the Act of 1973 or Part 9 of Schedule 5 to the Act of 2004 which contains an allegation of adultery or of an improper association with a person named.

    (3) Where a person files an affidavit to which this sub-paragraph applies he must at the same time serve a copy on the opposite party.

    (4) Where an affidavit to which this paragraph applies contains an allegation of adultery or of an improper association with a named person ("the named person") the court may direct that the party who filed the affidavit serve a copy of all or part of it on the named person together with Form F (the references to ancillary relief in that form being substituted by references to the provision under which the application is made).

    (5) Where the court makes a direction under sub-paragraph (4) the named person may file an affidavit in answer to the allegations.

    (6) The named person may intervene in the proceedings by applying for directions under paragraph 7(4) within seven days of service of the affidavit on him.

    (7) Rule 2.37(3) applies to a person served with an affidavit under sub-paragraph (4) as it applies to a co-respondent.

Information on application for consent orders on application for failure to provide reasonable maintenance or for financial provision under Act of 1984 or Schedule 7 to Act of 2004
     5. —(1) This paragraph applies to an application for a consent order—



(a) under section 27 of the Act of 1973 or Part 9 of Schedule 5 to the Act of 2004; and

(b) under Part III of the Act of 1984 or Schedule 7 to the Act of 2004.



    (2) Subject to sub-paragraphs (3) and (4), there must be lodged with every application to which this paragraph applies two copies of a draft of the order in the terms sought, one of which must be indorsed with a statement signed by the respondent to the application signifying his agreement, and a statement of information (which may be made in more than one document) which must include—



(a) the duration of the marriage or civil partnership, as the case may be, the age of each party and of any minor or dependent child of the family;

(b) an estimate in summary form of the approximate amount or value of the capital resources and net income of each party and of any minor child of the family;

(c) what arrangements are intended for the accommodation of each of the parties and any minor child of the family;

(d) whether either party has subsequently married or formed a civil partnership or has any present intention to do so or to cohabit with another person;

(e) where the order includes provision to be made—


(i) under section 17(1)(a) of the Act of 1984 of a kind which could be made by an order under section 25B or 25C of the Act of 1973;

(ii) under section 17(1)(b) of the Act of 1984; or

(iii) under paragraph 9(2) of Schedule 7 to the Act of 2004 of a kind which could be made by an order under paragraphs 15, 25 or 26 of Schedule 5 to that Act,



a statement confirming that the person responsible for the pension arrangement in question has been served with the documents required by rule 2.70(11) and that no objection to such an order has been made by that person within 21 days from such service;

(f) where the terms of the order provide for a transfer of property, a statement confirming that any mortgagee of that property has been served with notice of the application and that no objection to such a transfer has been made by the mortgagee within 14 days from such service; and

(g) any other especially significant matters.



    (3) Where an application is made—



(a) for a consent order for interim periodical payments pending the determination of the application; or

(b) for an order varying an order for periodical payments,



the statement of information required by sub-paragraph (2) need include only the information in respect of net income mentioned in sub-paragraph (2)(b).

    (4) Where all or any of the parties attend the hearing of an application for financial relief the court may dispense with the lodging of a statement of information in accordance with sub-paragraph (2) and give directions for the information which would otherwise be required to be given in such a statement to be given in such a manner as it sees fit.

Investigation by district judge of application under section 27 of Act of 1973 or under Part 9 of Schedule 5 to Act of 2004
     6. —(1) On or after the filing of a notice in Form M19 an appointment must be fixed for the hearing of the application by the district judge.

    (2) An application for an avoidance of disposition order must, if practicable, be heard at the same time as any related application.

    (3) Notice of the appointment must be given in Form M20 by the proper officer to every party to the application.

    (4) Any party may apply to the court for an order that any person do attend an appointment (an "inspection appointment") before the court and produce any documents to be specified or described in the order, the inspection of which appears to the court to be necessary for disposing fairly of the application to which it relates or for saving costs.

    (5) No person shall be required by an order under sub-paragraph (4) to produce any document at an inspection appointment which he could not be required to produce at the final hearing of the application.

    (6) The court must permit any person attending an inspection appointment pursuant to an order under sub-paragraph (4) to be represented at the appointment.

Further provision about certain applications
     7. —(1) This paragraph applies to—



(a) an application under section 27 of the Act of 1973 or under Part 9 of Schedule 5 to the Act of 2004;

(b) an application under section 35 and 36 of the Act of 1973 or under paragraphs 69 and 73 of Schedule 5 to the Act of 2004;

(c) an application under section 17 of the Married Women's Property Act 1882 or under section 66 of the Act of 2004;

(d) an application under section 33, 35 and 36 of the Family Law Act 1996 and applications for transfer of tenancy under that Act; and



    (2) This paragraph, apart from sub-paragraph (3) also applies to an application for financial relief under Part III of the Act of 1984 or under Schedule 7 to the Act of 2004.

    (3) At the hearing of an application to which this paragraph applies the district judge must, subject to paragraphs 8 and 9(5) and rule 10.10 investigate the allegations made in support of and in answer to the application, and may take evidence orally and may at any stage of the proceedings, whether before or during the hearing, order the attendance of any person for the purpose of being examined or cross-examined and order the disclosure and inspection of any document or require further affidavits.

    (4) The district judge may at any stage of the proceedings give directions as to the filing and service of pleadings and as to the further conduct of the proceedings.

    (5) Where any party to such an application intends on the day appointed for the hearing to apply for directions, he must file and serve on every other party a notice to that effect.

    (6) Subject to any directions given by the court, any party to an application to which this sub-paragraph applies may by letter require any other party to give further information concerning any matter contained in any affidavit filed by or on behalf of that other party or any other relevant matter, or to provide a list of relevant documents or to allow inspection of any such document, and may, in default of compliance by such other party, apply to the district judge for directions.

Order on certain applications
     8. —(1) This paragraph applies to—



(a) an application under section 27 of the Act of 1973 or under Part 9 of Schedule 5 to the Act of 2004;

(b) an application under section 35 and 36 of the Act of 1973 or under paragraphs 69 and 73 of Schedule 5 to the Act of 2004;

(c) an application under section 17 of the Married Women's Property Act 1882 or under section 66 of the Act of 2004;



    (2) Subject to paragraph 9(5) the district judge must, after completing his investigation under paragraph 7, make such order as he thinks just.

    (3) Pending the final determination of the application, the district judge may make an interim order upon such terms as he thinks just.

    (4) RSC Order 31, rule 1 (power to order sale of land) shall apply to applications to which this rule applies as though that application were a cause or matter in the Chancery Division.

Arrangements for hearing applications etc by judge
     9. —(1) This paragraph applies to



(a) an application under section 27 of the Act of 1973 or under Part 9 of Schedule 5 to the Act of 2004;

(b) an application under section 35 of the Act of 1973 or under paragraphs 69 of Schedule 5 to the Act of 2004;

(c) an application under section 17 of the Married Women's Property Act 1882 or under section 66 of the Act of 2004.



    (2) This paragraph, apart from sub-paragraphs (5), (8), (9) and (10), applies to an application under section 24 of the Act of 1984 or under paragraph 17 of Schedule 7 to the Act of 2004 for an order preventing transactions.

    (3) Sub-paragraphs (5) to (7) of this paragraph apply to an application under section 36 of the Act of 1973 or under paragraph 73 of Schedule 5 to the Act of 2004;

    (4) Sub-paragraphs (6) and (7) of this paragraph apply to an application for financial relief under the Act of 1984 or under Schedule 7 to the Act of 2004.

    (5) The district judge may at any time refer an application of a kind referred to in sub-paragraph (1), or any question arising thereon, to a judge for his decision.

    (6) Where an application of a kind mentioned in sub-paragraph (1), (2) or (3) is referred or adjourned to a judge, the proper officer must fix a date, time and place for the hearing of the application or the consideration of the question and give notice of that date to all parties.

    (7) The hearing or consideration must, unless the court otherwise directs, take place in chambers.

    (8) In an application under the Married Women's Property Act 1882 or under section 27 or 35 of the Act of 1973, where the application is proceeding in a divorce county court which is not a court of trial or is pending in the High Court and proceeding in a district registry which is not in a divorce town, the hearing or consideration shall take place at such court of trial or divorce town as in the opinion of the district judge is the nearest or most convenient.

    (9) In an application under section 66 of the Act of 2004 or under Part 9 or paragraph 69 of Schedule 5 to the Act of 2004, where the application is proceeding in a civil partnership proceedings county court which is not a court of trial or is pending in the High Court and proceeding in a district registry which is not in a dissolution town, the hearing or consideration shall take place at such court of trial or dissolution town as in the opinion of the district judge is the nearest or most convenient.

    (10) For the purposes of sub-paragraph (8) and (9) the Royal Courts of Justice shall be treated as a divorce town or a dissolution town, as the case may be.

    (11) In respect of any application referred to him under this rule, a judge shall have the same powers as a district judge has under paragraph 7(4)."