The Family Procedure Rules 2010

[F1 CHAPTER 5 E+W PROCEEDINGS AFTER CONDITIONAL ORDER (STANDARD AND DISPUTED CASE)

Textual Amendments

F1 Pt. 7 substituted (6.4.2022) by The Family Procedure (Amendment) Rules 2022 (S.I. 2022/44), rule 1(3)(a), Sch. (with rule 29); S.I. 2022/283, reg. 2

Applications to prevent conditional orders being made final E+W

7.18.— (1) This rule applies to an application under section 8 or 9 of the 1973 Act or under section 39 or 40 of the 2004 Act to prevent a conditional order being made final.

(2) An application to which this rule applies must be made using the Part 18 procedure, subject to paragraphs (3) to (6) of this rule.

(3) The person making an application to which this rule applies must within 28 days of filing the application apply to the court to give directions for the hearing of the application.

(4) Where the person making an application to which this rule applies does not apply for directions under paragraph (3), then the person, or persons, in whose favour the conditional order was made may do so.

(5) Rule 7.17(2) applies to an application to which this rule applies as it applies to an application for a matrimonial or civil partnership order.

(6) Where an application to which this rule applies is made by the [F2 King’s] Proctor—

(a) the [F2 King’s] Proctor may give written notice, to the court and to the party or parties in whose favour the conditional order was made, of the [F2 King’s] Proctor’s intention to make an application to prevent conditional order being made final; and

(b) where the [F2 King’s] Proctor does so the application under paragraph (1) must be made within 21 days beginning with the date on which the notice is given.

Textual Amendments

F2 Word in rule 7.18(6) substituted (6.4.2023) by The Family Procedure (Amendment) Rules 2023 (S.I. 2023/61), rules 1(3), 6

Making conditional orders final by giving notice E+W

7.19.— (1) Unless rule 7.20 applies —

(a) a party in whose favour a conditional order has been made may give notice to the court that they wish the conditional order to be made final;

(b) both parties in whose favour a conditional order has been made may jointly give notice to the court that they wish the conditional order to be made final; or

(c) subject to paragraph (2) below, where the conditional order is in favour of both parties, but the application is to proceed as a notice by one party only, that party may give notice to the court that they wish the conditional order to be made final.

(2) The party giving notice to the court under paragraph (1)(c) must first give the other party to the marriage or civil partnership 14 days’ notice of their intention to give notice to the court that they wish the conditional order to be made final.

(3) The party giving notice under paragraph (2) must file a certificate of service after serving the notice.

(4) Subject to paragraphs (5) and (6), where the court receives a notice under paragraph (1) it will make the conditional order final if it is satisfied that—

(a) no application for rescission of the conditional order is pending;

(b) no appeal against the making of the conditional order is pending;

(c) no order has been made by the court extending the time for bringing an appeal of the kind mentioned in sub-paragraph (b), or if such an order has been made, that the time so extended has expired;

(d) no application for an order of the kind mentioned in sub-paragraph (c) is pending;

(e) no application to prevent the conditional order being made final is pending;

(f) the provisions of section 10(2) to (4) of the 1973 Act or section 48(2) to (4) of the 2004 Act do not apply or have been complied with;

(g) any order under section 10A(2) of the 1973 Act has been complied with; and

(h) where the conditional order was made on the ground in section 12(1)(g) of, or paragraph 11(1)(e) of Schedule 1 to, the 1973 Act, or was made under section 12A(3) of the 1973 Act in a case where section 12(1)(g) of the 1973 Act applies, or the conditional order was made under section 50(1)(d) of the 2004 Act—

(i) there is not pending a reference under section 8(5) of the Gender Recognition Act 2004, or an application under section 8(5A) of that Act, in respect of the application on which the interim gender recognition certificate to which the application relates was granted;

(ii) that interim certificate has not been revoked under section 8(6)(b) of that Act; and

(iii) no appeal is pending against an order under section 8(6)(a) of that Act.

(5) Where the notice is received more than 12 months after the making of the conditional order, it must include or be accompanied by an explanation in writing stating why the application has not been made earlier.

(6) Where paragraph (5) applies, the court may—

(a) require the applicant to verify the explanation with a statement of truth; and

(b) make such order on the application as it thinks fit, but where it orders the conditional order to be made final that order is not to take effect until the court is satisfied that none of the matters mentioned in paragraph (4)(a) to (h) applies.

Applications to make conditional orders final E+W

7.20.— (1) An application must be made for the conditional order to be made final, where the conditions set out in paragraph (2) apply.

(2) The conditions referred to in paragraph (1) are—

(a) the [F3 King’s] Proctor gives notice to the court under rule 7.18(6)(a) and has not withdrawn that notice;

(b) there are other circumstances which ought to be brought to the attention of the court before the application is granted; or

(c) the application is made by the party against whom the conditional order was made.

(3) An application under this rule to which paragraph (2)(a) applies must be served on the [F4 King’s] Proctor.

(4) Where the court orders a conditional order to be made final under this rule, that order is not to take effect until the court is satisfied about the matters mentioned in rule 7.19(4)(a) to (h).

Textual Amendments

F3 Word in rule 7.20(2)(a) substituted (6.4.2023) by The Family Procedure (Amendment) Rules 2023 (S.I. 2023/61), rules 1(3), 7(a)

F4 Word in rule 7.20(3) substituted (6.4.2023) by The Family Procedure (Amendment) Rules 2023 (S.I. 2023/61), rules 1(3), 7(b)

What the court officer must do when a conditional order is made final E+W

7.21.   Where a conditional order is made final the court officer must—

(a) endorse that fact on the conditional order together with the precise time at which the order was made final; and

(b) send the final order to the applicant or applicants, any respondent and any other party.

Applications under section 10(2) of 1973 Act or section 48(2) of 2004 Act E+W

7.22.   Where the court makes—

(a) in the case of divorce, a final order following an application under section 10(2) of the 1973 Act; or

(b) in the case of dissolution, a final order following an application under section 48(2) of the 2004 Act,

it must make a written record of the reasons for deciding to make that final order.

Orders under section 10A(2) of the 1973 Act E+W

7.23.— (1) Where the court has made an order under section 10A(2) of the 1973 Act, the declaration referred to in that section must—

(a) be made and signed by both parties to the marriage concerned;

(b) give particulars of the proceedings in which the order was obtained;

(c) confirm that the steps required to dissolve the marriage in accordance with the religious usages appropriate to the parties have been taken;

(d) be accompanied by—

(i) a certificate from a relevant religious authority that all such steps have been taken; or

(ii) such other documents showing the relevant steps have been taken as the court may direct; and

(iii) be filed at the court either before or together with an application to make the conditional order final, under rule 7.19 or 7.20.

(2) Where the certificate referred to in paragraph (1)(d)(i) is not in English it must be accompanied by a translation of that certificate into English, certified by a notary public or authenticated by statement of truth.

(3) The court may direct that the declaration need not be accompanied by the material mentioned in paragraph (1)(d).

(4) In this rule a religious authority is ‘relevant’ if the party who made the application for the order under section 10A(2) of the 1973 Act considers that authority competent to confirm that the steps referred to in paragraph (1)(c) have been taken.]