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

Amendments to the 1991 Rules

23.  In rule 2.24—

(a) in paragraph (1)(e), after “nullity” insert “of marriage”;

(b) in paragraph (2), for “divorce county court” substitute “designated county court”;

(c) for paragraph (3) substitute—

“(3) Where—

(a) the cause is an undefended cause for divorce or judicial separation or nullity of marriage under section 12(g) of, or paragraph 11(1)(e) of Schedule 1 to, the Act of 1973 and, in a case to which section 1(2)(d) of the Act of 1973 applies, the respondent has filed a notice under rule 2.10(1) that he consents to the grant of a decree, or

(b) the cause is an undefended cause for dissolution or separation or nullity of civil partnership under section 50(1)(d) of the Act of 2004 and, in a case to which section 44(5)(b) of the Act of 2004 applies, the respondent has filed a notice under rule 2.10(1) that he consents to the grant of a civil partnership order,

then, unless otherwise directed, there shall be filed with the request for directions for trial an affidavit by the petitioner in accordance with the requirements set out in paragraph (3A), and the district judge shall give directions for trial by entering the cause in a list to be known as the special procedure list.

(3A) An affidavit filed under paragraph (3) must—

(a) contain the information required by Form M7(a), (b), (c), (d), (e), (f) or (g) (whichever is appropriate) as near as may be in the order there set out, together with any corroborative evidence on which the petitioner intends to rely, and

(b) verify, with such amendments as the circumstances may require, the contents of any statement of arrangements filed by the petitioner under rule 2.2(2).”;

(d) in paragraph (6), for “(3)(b)” substitute “(3A)(b)”; and

(e) in paragraph (7), after “(3)” insert “, (3A)”.