The Family Proceedings (Amendment) (No. 5) Rules 2005

Amendments to the 1991 Rules

119.  In Appendix 2—

(a) in paragraph 1—

(i) after “3.12” insert “,3.12A”;

(ii) in sub-paragraph (a)—

(aa) after “marriage”, the first time it appears, insert “or civil partnership, as the case may be,” and

(bb) after “marriage”, the second time it appears, insert “or the date on and place at which the civil partnership was formed, as the case may be”;

(iii) for sub-paragraph (b), substitute—

“(b) the last address at which—

(i) in a matrimonial cause, the parties to the marriage have lived together as husband and wife, and

(ii) in a civil partnership cause, the parties to the civil partnership have lived together as civil partners of one another;”;

(iv) for sub-paragraph 1(bb) substitute —

“(bb) where it is alleged that the court has jurisdiction—

(i) under the Council Regulation, state the grounds of jurisdiction under Article 3(1) of the Council Regulation;

(ii) under the Civil Partnership (Jurisdiction and Recognition of Judgments) Regulations 2005, state the grounds of jurisdiction under regulation 3 of those Regulations.”;

(v) in paragraph (c), after “Council Regulation” insert “ or the Civil Partnership (Jurisdiction and Recognition of Judgments) Regulations 2005, as the case may be”;

(vi) after paragraph (d) insert—

“(dd) where it is alleged that the court should assume jurisdiction under section 221(1)(c) or (2)(c) of the Act of 2004, the facts and matters relied on in support of that assertion;”;

(vii) in sub-paragraph (g), at the beginning, insert “in a matrimonial cause,”;

(viii) after sub-paragraph (g) insert—

“(ga) in a civil partnership cause, whether (to the knowledge of the petitioner) any other child now living has been born to either of the civil partners during the civil partnership and, if so, the full names (including surname) of the child and his date of birth or, if it be the case, that he is over 18;”;

(ix) in sub-paragraph (i)—

(aa) after “marriage”, wherever it appears, insert “or civil partnership”; and

(bb) in sub-paragraph (iii), for “or order” substitute “, conditional order or other order”;

(x) in sub-paragraph (j)—

(aa) after “marriage” insert “or civil partnership”;

(bb) in sub-paragraph (v), at the beginning insert “in a matrimonial cause,”; and

(cc) after sub-paragraph (v), insert—

“(vi) in a civil partnership cause, such other facts as may be relevant to the question whether the proceedings on the petition should be stayed under the Family Proceedings (Civil Partnership: Staying of Proceedings) Rules 2005”;

(xi) for sub-paragraph (l), substitute—

“(l) in the case of—

(i) a petition for divorce, that the marriage has broken down irretrievably, or

(ii) a petition for dissolution, that the civil partnership has broken down irretrievably;”;

(xii) in sub-paragraph (m), at the beginning insert “in a matrimonial cause,”; and

(xiii) after sub-paragraph (m) insert—

“(ma) in a civil partnership cause, the fact alleged by the petitioner for the purposes of section 44(5) of the Act of 2004 or, where the petition is not for a dissolution or separation order, the ground on which relief is sought, together in any case with brief particulars of the individual facts relied on but not the evidence by which they are to be proved;”;

(b) for paragraph 2 substitute—

“2.— (1) In a matrimonial cause, a petition for a decree of nullity under section 12(e), (f) or (h) of the Act of 1973 shall state whether the petitioner was at the time of the marriage ignorant of the facts alleged;

(2) In a civil partnership cause, a petition for a nullity order under section 50(1)(c) or (e) of the Act of 2004 shall state whether the petitioner was at the time of the civil partnership ignorant of the facts alleged.”;

(c) for paragraph 3 substitute—

“3.   A petition for—

(a) a decree of presumption of death and dissolution of marriage; or

(b) an order for presumption of death and dissolution of civil partnership,

shall state—

(i) the last place at which the parties to the marriage or civil partnership, as the case may be, cohabited;

(ii) the circumstances in which the parties ceased to cohabit;

(iii) the date when and the place where the respondent was last seen or heard of; and

(iv) the steps which have been taken to trace the respondent.”.