Textual Amendments
F1Sch. 1 (with appendices 1 and 2) substituted (1.1.1994) for Sch. 1 (with appendix) by S.I. 1993/1956, para. 2, Sch.1.
Sch. 1 (except rule 29.10) excluded (1.4.1997) by S.I. 1997/291, rule 3.24, Sch. 3
Sch. 1 extended (14.2.2000) by S.I. 2000/124, reg. 30(5)
33A.34.(1)This rule applies where the defender in a civil partnership action seeks–
(a)to oppose any crave in the initial writ;
(b)to make a claim for–
(i)aliment;
(ii)an order for financial provision within the meaning of section 8(3) of the Act of 1985; or
(iii)a section 11 order; or
(c)an order–
(i)under section 16(1)(b) or (3) of the Act of 1985 F2 (setting aside or varying agreement as to financial provision);
(ii)under section 18 of the Act of 1985 (which relates to avoidance transactions); or
(iii)under Chapter 3 or Chapter 4 of Part 3 or section 127 of the Act of 2004; or
(d)to challenge the jurisdiction of the court.
(2)In an action to which this rule applies, the defender shall–
(a)lodge a notice of intention to defend in Form CP16 before the expiry of the period of notice; and
(b)make any claim or seek any order referred to in paragraph (1), as the case may be, in those defences by setting out in his defences–
(i)craves;
(ii)averments in the answers to the condescendence in support of those craves; and
(iii)appropriate pleas-in-law.
(3)Where a defender intends to make an application for a section 11 order which, had it been made in an initial writ, would have required a warrant for intimation under rule 33A.7, the defender shall include a crave in his notice of intention to defend for a warrant for intimation or to dispense with such intimation; and rule 33A.7 shall, with the necessary modifications, apply to a crave for a warrant under this paragraph as it applies to a crave for a warrant under that rule.
Textual Amendments
F2Section 16(3) was amended by the Child Support, Pensions and Social Security Act 2000 (c. 19), Schedule 3, paragraph 5.