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The Family Procedure Rules 2010
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Changes to legislation:
The Family Procedure Rules 2010, CHAPTER 6 is up to date with all changes known to be in force on or before 27 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Part 8 Chapter 6:
- rule 6.23A inserted by S.I. 2024/1016 rule 3(2)
- rule 12.73A inserted by S.I. 2024/1322 rule 4
- rule 14.14A inserted by S.I. 2024/1322 rule 6
- rule 11.4(7) inserted by S.I. 2024/1016 rule 7(1)(c)
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- rule 6.23A inserted by S.I. 2024/1016 rule 3(2)
- rule 12.73A inserted by S.I. 2024/1322 rule 4
- rule 14.14A inserted by S.I. 2024/1322 rule 6
- rule 11.4(7) inserted by S.I. 2024/1016 rule 7(1)(c)
CHAPTER 6E+WAPPLICATION FOR PERMISSION TO APPLY FOR A FINANCIAL REMEDY AFTER OVERSEAS PROCEEDINGS
Scope of this ChapterE+W
8.23. Subject to rule9.26(6), the rules in this Chapter apply to an application for permission to apply for a financial remedy under section 13 of the 1984 Act and paragraph 4 of Schedule 7 to the 2004 Act.
(Rule 9.26(6) enables the application for permission to apply for a financial remedy under section 13 of the 1984 Act or paragraph 4 of Schedule 7 to the 2004 Act to be heard at the same time as the application for a financial remedy under Part 3 of the 1984 Act or Schedule 7 to the 2004 Act where that application is an application for a consent order.)
[F1(The Family Court (Composition and Distribution of Business) Rules 2014 make provision in relation to the allocation of the proceedings to which this Chapter applies to a specified level of judge in the family court.)]
Textual Amendments
F1Words in rule 8.23 inserted (7.8.2017) by The Family Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/741), rules 1(1), 3
[F2How to start proceedingsE+W
8.24. The application must be made in accordance with the Part 18 procedure.]
Textual Amendments
F2Rule 8.24 substituted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 19 (with rule 137); S.I. 2014/954, art. 2
[F3Application without noticeE+W
8.25.—(1) The application must be made without notice to the respondent.
(2) Subject to paragraph (3), the court must determine the application without notice.
(3) The court may direct that the application be determined on notice to the respondent if the court considers that to be appropriate.]
Textual Amendments
F3Rule 8.25 substituted (7.8.2017) by The Family Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/741), rules 1(1), 4
Notification of hearing dateE+W
8.26. The court officer must—
(a)fix a date, time and place for the hearing of the application F4...; and
(b)give notice of the date of the hearing to the applicant.
Textual Amendments
F4Words in rule 8.26(a) omitted (6.4.2015) by virtue of The Family Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/3296), rules 1(3), 8 (with rule 15)
Hearings to be in private unless the court directs otherwiseE+W
8.27. An application under this Chapter must be heard in private unless the court directs otherwise.
Direction that application be dealt with by a district judge of the principal registryE+W
F58.28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F5Rule 8.28 omitted (7.8.2017) by virtue of The Family Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/741), rules 1(1), 5
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