The Family Procedure Rules 2010

Amendments to the application and the answer

7.13.—(1) Unless paragraph (2) applies—

(a) a party making an application for a matrimonial or civil partnership order may amend the application at any time before an answer to it has been filed;

(b) a party who has filed an answer may amend the answer.

(2) No amendment to an application for a matrimonial or civil partnership order or to an answer may be made under paragraph (1) if an application under rule 7.19(1) has been made in relation to the marriage or civil partnership concerned.

(3) Where an amendment is made under paragraph (1)—

(a) if the document amended is the application—

(i) it must be served in accordance with rule 7.8 (service of application); and

(ii) rule 7.12 (what the respondent and co respondent should do) applies;

(b) rule 7.10 (parties) applies; and

(c) any person who becomes a co-respondent to the proceedings in accordance with rule 7.10 as a consequence of such an amendment must be served with the documents required to be served on a co-respondent with an application for a matrimonial or civil partnership order.

(4) Paragraphs (1) and (2) do not apply if the amendment is made—

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

(b) with the permission of the court.

(5) Where the court gives permission for a party to amend that party’s application for a matrimonial or civil partnership order or answer it may give directions as to—

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

(b) the joining of any additional parties in accordance with rule 7.10; and

(c) the extent to which rule 7.12 must be complied with in respect of any amended application.

(6) The court may direct that any person cease to be a party if, in consequence of any amendment made under this rule, that person—

(a) no longer falls within rule 7.10(2) or(4); or

(b) falls within rule 7.10(4) but it is no longer desirable for that person to be a party to the proceedings.