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PART 7E+WPROCEDURE FOR APPLICATIONS IN MATRIMONIAL AND CIVIL PARTNERSHIP PROCEEDINGS

CHAPTER 3E+WHOW THE COURT DETERMINES MATRIMONIAL AND CIVIL PARTNERSHIP PROCEEDINGS

General rule – hearing to be in publicE+W

7.16.—(1) The general rule is that a hearing to which this Part applies is to be in public.

(2) The requirement for a hearing to be in public does not require the court to make special arrangements for accommodating members of the public.

(3) A hearing, or any part of it, may be in private if—

(a)publicity would defeat the object of the hearing;

(b)it involves matters relating to national security;

(c)it involves confidential information (including information relating to personal financial matters ) and publicity would damage that confidentiality;

(d)a private hearing is necessary to protect the interests of any child or protected party;

(e)it is a hearing of an application made without notice and it would be unjust to any respondent for there to be a public hearing; or

(f)the court considers this to be necessary, in the interests of justice.

(4) A hearing of an application for rescission of an order by consent under rule 7.28 is, unless the court directs otherwise, to be in private.

(5) The court may order that the identity of any party or witness must not be disclosed if it considers non-disclosure necessary in order to protect the interests of that party or witness.

Exercise of jurisdiction in cases heard at place other than the court in which the case is proceedingE+W

F17.17.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Notice of hearingE+W

7.18.  The court officer will give notice to the parties—

(a)of the date, time and place of every hearing which is to take place in a case to which they are a party; and

(b)in the case of a hearing following a direction under rule7.20(2)(a), of the fact that, unless the person wishes or the court requires, the person need not attend.

Applications for a decree nisi or a conditional orderE+W

7.19.—(1) An application may be made to the court for it to consider the making of a decree nisi, a conditional order, a decree of judicial separation or a separation order in the proceedings—

(a)at any time after the time for filing the acknowledgment of service has expired, provided that no party has filed an acknowledgment of service indicating an intention to defend the case; and

(b)in any other case, at any time after the time for filing an answer to every application for a matrimonial or civil partnership order made in the proceedings has expired.

(2) An application under paragraph (1) may be made—

(a)in a case within paragraph (1)(a), by the applicant; and

(b)in any other case, by either party to the marriage or civil partnership in question.

(3) An application under this rule must, if the information which was required to be provided by the application form is no longer correct, be accompanied by a statement setting out particulars of the change.

(4) If [F2no] party has filed an answer opposing the making of a decree nisi, a conditional order, a decree of judicial separation or a separation order on [F3another party’s] application, then an application under this rule must be accompanied by [F4a statement]—

(a)stating whether there have been any changes in the information given in the application F5...;

(b)confirming that, subject to any changes stated, the contents of the application F6... are true; and

(c)where the acknowledgment of service has been signed by the other party [F7to the marriage or civil partnership], confirming that party's signature on the acknowledgment of service.

[F8(5) A statement under paragraph (4) must be verified by a statement of truth.]

Textual Amendments

F2Word in rule 7.19(4) substituted (6.4.2012) by The Family Procedure (Amendment) Rules 2012 (S.I. 2012/679), rules 1, 10(a)(i) (with rule 30)

F3Words in rule 7.19(4) substituted (6.4.2012) by The Family Procedure (Amendment) Rules 2012 (S.I. 2012/679), rules 1, 10(a)(ii) (with rule 30)

F4Words in rule 7.19(4) substituted (6.4.2012) by The Family Procedure (Amendment) Rules 2012 (S.I. 2012/679), rules 1, 10(a)(iii) (with rule 30)

F5Words in rule 7.19(4)(a) omitted (22.4.2014) by virtue of The Family Procedure (Amendment No. 3) Rules 2014 (S.I. 2014/843), rules 1, 8(a)

F6Words in rule 7.19(4)(b) omitted (22.4.2014) by virtue of The Family Procedure (Amendment No. 3) Rules 2014 (S.I. 2014/843), rules 1, 8(b)

F7Words in rule 7.19(4)(c) inserted (6.4.2012) by The Family Procedure (Amendment) Rules 2012 (S.I. 2012/679), rules 1, 10(b) (with rule 30)

What the court will do on an application for a decree nisi, a conditional order, a decree of judicial separation or a separation orderE+W

7.20.—(1) This rule applies where an application is made under rule 7.19.

(2) If at the relevant time the case is an undefended case, the court must—

(a)if satisfied that the applicant is entitled to—

(i)in matrimonial proceedings, a decree nisi or a decree of judicial separation (as the case may be); or

(ii)in civil partnership proceedings, a conditional order or a separation order (as the case may be),

so certify and direct that the application be listed before a [F9judge] for the making of the decree or order at the next available date;

(b)if not so satisfied, direct—

(i)that any party to the proceedings provide such further information, or take such other steps, as the court may specify; or

(ii)that the case be listed for a case management hearing.

(3) If the applicant has applied for costs, the court may, on making a direction under paragraph (2)(a)—

(a)if satisfied that the applicant is entitled to an order for costs, so certify; or

(b)if not so satisfied, make no direction about costs.

(4) If at the relevant time the case is a defended case, the court must direct that the case be listed for a case management hearing.

(5) The court may, when giving a direction under paragraph (2)(b), direct that the further information provided be verified by an affidavit [F10or a statement of truth].

(6) The court must not give directions under this rule unless at the relevant time it is satisfied—

(a)that a copy of each application for a matrimonial or civil partnership order or answer (including any amended application or answer) has been properly served on each party on whom it is required to be served; and

(b)that —

(i)in matrimonial proceedings, the application for a decree nisi or a decree of judicial separation; or

(ii)in civil partnership proceedings, the application for a conditional order or separation order,

was made at a time permitted by rule 7.19(1).

(7) In this rule, “the relevant time” means the time at which the court is considering an application made under rule 7.19(1).

[F11(8) Where a decree or order is made in accordance with a certificate under paragraph (2)(a), any person may, within 14 days after the making of the decree or order, inspect the certificate and the evidence filed under rule 7.19(4) F12... and may obtain copies.

(9) Paragraph (8) does not apply to a certificate which relates to—

(a)a decree of nullity of marriage under [F13section 12(1)(g)] of, or paragraph 11(1)(e) of Schedule 1 to, the 1973 Act; F14...

(aa)[F15a decree of nullity of marriage under section 12A(3) of the 1973 Act in a case where section 12(1)(g) of the 1973 Act applies; or]

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

unless the court has given permission.]

Textual Amendments

F10Words in rule 7.20(5) inserted (6.4.2012) by The Family Procedure (Amendment) Rules 2012 (S.I. 2012/679), rules 1, 11(a) (with rule 30)

F12Words in rule 7.20(8) omitted (22.4.2014) by virtue of The Family Procedure (Amendment No. 3) Rules 2014 (S.I. 2014/843), rules 1, 9

Further provisions about costsE+W

7.21.—(1) Subject to paragraph (2), any party to matrimonial or civil partnership proceedings may be heard on any question as to costs at the hearing of the proceedings.

[F16(2) In the case of a hearing following a direction under rule 7.20(2)(a), a party will not be heard unless that party has, not less than 14 days before the hearing—

(a)given written notice to the court of that party’s intention to attend the hearing and apply for, or oppose the making of, an order for costs; and

(b)served that notice on every other party.]

[F16(3) On receipt of such a written notice, the court may make such directions in relation to the hearing as it sees fit.]

Textual Amendments

What the court must do for the case management hearingE+W

7.22.—(1) This rule applies to a case in which the court has directed a case management hearing under rule 7.20.

(2) Where a hearing has been directed under rule 7.20(4) the court must—

(a)decide where the hearing in the case should take place;

(b)set a timetable for the filing and service of evidence;

(c)make such order for the disclosure and inspection of documents as it considers appropriate; and

(d)give directions as to the conduct of the final hearing and the attendance of witnesses.

(Rule 21.1 explains what is meant by disclosure and inspection.)

(3) Where a hearing has been directed under rule 7.20(2)(b)(ii), the court must—

(a)consider what further evidence is required properly to dispose of the proceedings and give directions about the filing and service of such evidence;

F17(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)give directions for the further conduct of the proceedings, including—

(i)giving a direction that on compliance with any directions under sub-paragraph (a) F18... a further application may be made under rule 7.19(1) for the proceedings to be dealt with under rule 7.20(2)(a); or

(ii)giving a direction that the case is not suitable for determination under that rule.

(4) Where the court gives a direction under paragraph (3)(c)(ii), it may also give directions under paragraph (2) or direct that the case be listed for a further hearing at which such directions will be given.

(5) Any party to proceedings which are not being dealt with under rule 7.20(2)(a) may apply to the court for further directions at any time. (Part 3 sets out the court's powers to encourage the parties to use [F19non-court dispute resolution] and Part 4 sets out the court's general case management powers.)

Textual Amendments

F18Words in rule 7.22(3)(c) omitted (22.4.2014) by virtue of The Family Procedure (Amendment No. 3) Rules 2014 (S.I. 2014/843), rules 1, 10(a)(ii)

Where proceedings under this Part may be heardE+W

F207.23.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The circumstances in which proceedings may be transferred between courtsE+W

F217.24.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The procedure for complying with section 41 of 1973 Act or section 63 of 2004 ActE+W

F227.25.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Medical examinations in proceedings for nullity of [F23a marriage of an opposite sex couple] E+W

7.26.—(1) Where the application is for a decree of nullity of [F24a marriage of an opposite sex couple] on the ground of incapacity to consummate or wilful refusal to do so, the court must determine whether medical examiners should be appointed to examine the parties or either of them.

(2) The court must only appoint medical examiners under paragraph (1) where it considers that it is necessary for the proper disposal of the case.

(3) The person to be examined must, in the presence of the medical examiner, sign a statement identifying that person as the party to whom the order for examination applies.

(4) The medical examiner must certify on the same statement that it was signed in his or her presence by the person who has been examined.

(5) The person who carries out the examination must prepare a report and file it with the court by the date directed by the court.

(6) Either party is entitled to see a copy of a report filed under paragraph (5).

Textual Amendments

F23Words in rule 7.26 heading substituted (13.3.2014) by virtue of The Family Procedure (Amendment) Rules 2014 (S.I. 2014/524), rules 1, 4(a)(i)

F24Words in rule 7.26(1) substituted (13.3.2014) by virtue of The Family Procedure (Amendment) Rules 2014 (S.I. 2014/524), rules 1, 4(b)(i)

Stay of proceedingsE+W

7.27.—(1) Where—

(a)the court is considering an application in accordance with rule 7.20 or gives directions under rule7.22;

(b)it appears to the court that there are proceedings continuing in any country outside England and Wales which are in respect of the marriage or civil partnership in question or which are capable of affecting its validity or subsistence; and

(c)the court considers that the question whether the proceedings should be stayed(GL) under paragraph 9 of Schedule 1 to the Domicile and Matrimonial Proceedings Act 1973 M1 or, for civil partnership proceedings, under rules made under sections 75 and 76 of the Courts Act 2003 [F25ought to be determined by the court],

the court must give directions for the hearing of that question.

(2) Where at any time after the making of an application under this Part it appears to the court in matrimonial proceedings that, under Articles 16 to 19 of the Council Regulation, the court does not have jurisdiction to hear the application and is or may be required to stay(GL) the proceedings, the court will—

(a)stay(GL) the proceedings; and

(b)fix a date for a hearing to determine the questions of jurisdiction and whether there should be a further stay(GL) or other order.

(3) The court must give reasons for its decision under Articles 16 to 19 of the Council Regulation and, where it makes a finding of fact, state such finding of fact.

(4) An order under Article 17 of the Council Regulation that the court has no jurisdiction over the proceedings will be recorded by the court or the court officer in writing.

(5) The court may, if all parties agree, deal with any question about the jurisdiction of the court without a hearing.

Textual Amendments

F25Words in rule 7.27(1)(c) inserted (6.4.2012) by The Family Procedure (Amendment) Rules 2012 (S.I. 2012/679), rules 1, 12 (with rule 30)

Marginal Citations

M1Paragraph 9 of Schedule 1 was amended by section 19(5) of and paragraphs 7(1), (2), (3), (4) and (5) of Schedule 3 to the Family Law Act 1996 and regulation 4 of the European Communities (Matrimonial Jurisdiction and Judgments) Regulations 2001( S.I. 2001/310).