The Family Procedure Rules 2010

CHAPTER 1 E+W APPLICATION AND INTERPRETATION

Application and interpretation E+W

7.1.—(1) The rules in this Part apply to matrimonial and civil partnership proceedings.

F1 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In this Part—

“defended case” means matrimonial proceedings or civil partnership proceedings in which—

(a)

an answer has been filed opposing the grant of a matrimonial or civil partnership order on the application, and has not been struck out; or

(b)

the respondent has filed an application for a matrimonial or civil partnership order in accordance with rule 7.14 and neither party's application has been disposed of; or

(c)

[F2 rule 7.12(11A) applies, in light of paragraph (11) of that rule], notice has been given of intention to rebut and that notice has not been withdrawn,

and in which no matrimonial or civil partnership order has been made; and

“undefended case” means matrimonial proceedings or civil partnership proceedings other than a defended case.

(4) In this Part—

(a) a reference to a conditional order is a reference to a civil partnership order (other than a separation order) which has not been made final; and

(b) a reference to a final order is a reference to a conditional order which has been made final.

Textual Amendments

F1 Rule 7.1(2) omitted (22.4.2014) by virtue of The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 12 (with rule 137); S.I. 2014/954, art. 2

F2 Words in rule 7.1(3) substituted (1.7.2015) by The Family Procedure (Amendment) Rules 2015 (S.I. 2015/913), rules 1, 4 (with rule 14)

District Registries E+W

F3 7.2.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Rule 7.2 omitted (22.4.2014) by virtue of The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 12 (with rule 137); S.I. 2014/954, art. 2

Principal Registry E+W

F4 7.3.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Rule 7.3 omitted (22.4.2014) by virtue of The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 12 (with rule 137); S.I. 2014/954, art. 2

References to respondents E+W

7.4.—(1) Where a respondent makes an application for a matrimonial order or a civil partnership order, unless the context otherwise requires, the rules in this Part shall apply with necessary modifications as if the reference to a respondent is a reference to the applicant in the other party's application for a matrimonial order or a civil partnership order.

(2) Where a respondent makes an application for a matrimonial order, unless the context otherwise requires, the rules in this Part shall apply with necessary modifications as if the reference to a co-respondent is a reference to a party cited in the respondent's application for a matrimonial order.