The Matrimonial Causes (Amendment) Rules 1988

Explanatory Note

(This Note is not part of the Rules)

The Entry into force of Part III of the Family Law Act 1986 (c. 55) establishes a new statutory code to determine declaratory relief in matters of status, that is to say, declarations as to matrimonial status, parentage, legitimacy, legitimation and adoptions effected overseas. Provision is also made in Part III as to who should be able to apply for such relief and for procedural safeguards including the power for the Attorney General to intervene in applications for these declarations.

These Rules revoke the provisions of the Matrimonial Causes Rules 1977 which previously laid down the procedure in relation to declarations as to matrimonial status, legitimacy and legitimation. They establish a new procedure in relation to the declarations provided under Part III, including requirements that petitions for these declarations contain specified items of information, that particular documents be annexed to such petitions, and that certain persons be parties to applications for these declarations. These Rules also provide that notice of such applications be sent to the Attorney General. Finally, provision is made for these declarations to be in prescribed forms.