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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 M1 (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.
[F2(4)Where a defender opposes a crave for an order for financial provision or makes a claim in accordance with paragraph (1)(b)(ii), the defender must lodge a completed Form CP13A signed by the defender with the defences, minute of amendment or answers as the case may be.]
Textual Amendments
F1Sch. 1 rule 33A.34 heading substituted (1.8.2012) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2012 (S.S.I. 2012/188), paras. 1(1), 4(5)(b) (with para. 15)
F2Sch. 1 rule 33A.34(4) inserted (1.8.2012) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2012 (S.S.I. 2012/188), paras. 1(1), 4(5)(a) (with para. 15) (as amended by S.S.I. 2012/221, paras. 1(1), 2(2)(b))
Marginal Citations
M1Section 16(3) was amended by the Child Support, Pensions and Social Security Act 2000 (c. 19), Schedule 3, paragraph 5.
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