The Family Procedure Rules 2010

[F1 CHAPTER 3 E+W STANDARD CASE

Textual Amendments

F1 Pt. 7 substituted (6.4.2022) by The Family Procedure (Amendment) Rules 2022 (S.I. 2022/44), rule 1(3)(a), Sch. (with rule 29); S.I. 2022/283, reg. 2

Amending an application E+W

7.8.— (1) A party making an application for a matrimonial or civil partnership order may amend the application at any time before an application is made under rule 7.9(1) or (2).

(2) Where an amendment to the application is made under paragraph (1)—

(a) it must be served in accordance with rule 7.5; and

(b) rule 7.7 applies.

(3) Where an application has been made under rule 7.9(1) or (2), an amendment may not be made to an application except—

(a) with the written consent of all the other parties; or

(b) with the permission of the court.

(4) Where paragraph (3) applies, the court may give directions as to—

(a) the service of the amended application and the service of any accompanying documents;

(b) the joining of any additional parties; and

(c) the extent to which rule 7.7 must be complied with in respect of any amended application.

(Practice Direction 7A contains information on amending applications.)

Applications for conditional order E+W

7.9.— (1) An application may be made to the court for it to consider the making of a conditional order of divorce or dissolution in the proceedings at any time after the end of the period of 20 weeks from the date on which the application was issued provided that—

(a) the time for filing the acknowledgment of service has expired and no party has filed an acknowledgement of service indicating an intention to dispute the proceedings; and

(b) in any other case, 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 may be made to the court for it to consider the making of a conditional order of nullity of marriage or nullity, a judicial separation order 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 dispute the proceedings; 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 made in the proceedings has expired.

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

(a) by the applicant; or

(b) in a joint application, by both parties; or

(c) in a joint application that is to proceed as an application by one party only, by that party.

(4) An application under this rule must be accompanied by a statement—

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

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

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

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

(6) A copy of the application made under paragraph (3)(c) must be served on the other party to the marriage or civil partnership.

What the court will do on an application for a conditional order, a judicial separation or a separation order E+W

7.10.— (1) This rule applies where an application is made under rule 7.9(1) or (2).

(2) If at the relevant time the case is a standard case, the court must—

(a) if satisfied that the applicant is, or applicants are, entitled to—

(i) in matrimonial proceedings, a conditional order or a judicial separation order (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 judge for the making of that 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), make directions in the costs application.

(4) The court may, when giving a direction under paragraph (2)(b), direct that the further information provided be verified by a statement of truth.

(5) 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 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 conditional order or a judicial separation order; or

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

was made at a time permitted by rule 7.9(1) or (2).

(6) In this rule, ‘the relevant time’ means the time at which the court is considering an application made under rule 7.9(1) or (2).

(7) Where an order is made in accordance with a certificate under paragraph (2)(a), any person may, within 14 days after the making of the order, inspect the certificate and the statement filed under rule 7.9(4) and may obtain copies.

What the court must do for the case management hearing E+W

7.11.— (1) At a hearing that has been directed under rule 7.10(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;

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

(i) giving a direction that on compliance with any directions under sub-paragraph (a) a further application may be made under rule 7.9(1) or (2) for the proceedings to be dealt with under rule 7.10(2)(a); or

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

(2) Where the court gives a direction under paragraph (1)(b)(ii), it may also give directions under rule 7.17 or direct that the case be listed for a further hearing at which such directions will be given.

(3) Any party to proceedings which are not being dealt with under rule 7.10(2)(a) may apply to the court for further directions at any time.

(Part 4 sets out the court’s general case management powers.)]