The Family Procedure Rules 2010

CHAPTER 2 E+W PROCEDURE FOR APPLICATIONS

When an Application for a financial order may be made E+W

9.4.  An application for a financial order may be made—

(a) in an application for a matrimonial or civil partnership order; or

(b) at any time after an application for a matrimonial or civil partnership order has been made.

Where to start proceedings E+W

9.5.—(1) An application for a financial remedy must be filed—

(a) if there are proceedings for a matrimonial order or a civil partnership order which are proceeding in [F1 the family court], in that court; or

(b) if there are proceedings for a matrimonial order or a civil partnership order which are proceeding in the High Court, in the registry in which those proceedings are taking place.

F2 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) An application for a financial remedy under Part 3 of the 1984 Act or Schedule 7 to the 2004 Act which is proceeding in the High Court must be heard by a judge, but not a district judge, of that court unless a direction has been made that the application may be heard by a district judge of the principal registry.

(Rule 8.28 enables a judge to direct that an application for a financial remedy under Part 3 of the 1984 Act or Schedule 7 to the 2004 Act [F3 which is proceeding in the High Court] may be heard by a district judge of the principal registry.)

Textual Amendments

F1 Words in rule 9.5(1)(a) substituted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 23(a) (with rule 137); S.I. 2014/954, art. 2

F2 Rule 9.5(2) omitted (22.4.2014) by virtue of The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 23(b) (with rule 137); S.I. 2014/954, art. 2

F3 Words in rule 9.5 inserted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 23(c) (with rule 137); S.I. 2014/954, art. 2

Application for an order preventing a disposition E+W

9.6.—(1) The Part 18 procedure applies to an application for an order preventing a disposition.

(2) An application for an order preventing a disposition may be made without notice to the respondent. (“Order preventing a disposition” is defined in rule 9.3.)

Application for interim orders E+W

9.7.—(1) A party may apply at any stage of the proceedings for—

(a) an order for maintenance pending suit;

(b) an order for maintenance pending outcome of proceedings;

(c) an order for interim periodical payments;

(d) an interim variation order;

[F4 (da) an order for payment in respect of legal services; or]

(e) any other form of interim order.

[F5 (2) An application for an order mentioned in paragraph (1) shall be made using the Part 18 procedure.]

(3) Where a party makes an application before filing a financial statement, the written evidence in support must—

(a) explain why the order is necessary; and

(b) give up to date information about that party's financial circumstances.

(4) Unless the respondent has filed a financial statement, the respondent must, at least 7 days before the court is to deal with the application, file a statement of his means and serve a copy on the applicant.

(5) An application for an order mentioned in paragraph (1)(e) may be made without notice.

Textual Amendments

F4 Rule 9.7(1)(da) substituted (8.7.2013) by The Family Procedure (Amendment No. 2) Rules 2013 (S.I. 2013/1472), rules 1, 4(a)

F5 Rule 9.7(2) substituted (8.7.2013) by The Family Procedure (Amendment No. 2) Rules 2013 (S.I. 2013/1472), rules 1, 4(b)

Application for periodical payments order at same rate as an order for maintenance pending suit E+W

9.8.—(1) This rule applies where there are matrimonial proceedings and—

(a) a decree nisi of divorce or nullity of marriage has been made;

(b) at or after the date of the decree nisi an order for maintenance pending suit is in force; and

(c) the spouse in whose favour the decree nisi was made has made an application for an order for periodical payments.

(2) The spouse in whose favour the decree nisi was made may apply, using the Part 18 procedure, for an order providing for payments at the same rate as those provided for by the order for maintenance pending suit.

Application for periodical payments order at same rate as an order for maintenance pending outcome of proceedings E+W

9.9.—(1) This rule applies where there are civil partnership proceedings and—

(a) a conditional order of dissolution or nullity of civil partnership has been made;

(b) at or after the date of the conditional order an order for maintenance pending outcome of proceedings is in force;

(c) the civil partner in whose favour the conditional order was made has made an application for an order for periodical payments.

(2) The civil partner in whose favour the conditional order was made may apply, using the Part 18 procedure, for an order providing for payments at the same rate as those provided for by, the order for maintenance pending the outcome of proceedings.

[F6 Application to set aside a financial remedy order E+W

9.9A.— (1) In this rule—

(a) “financial remedy order” means an order or judgment that is a financial remedy, and includes—

(i) part of such an order or judgment; or

(ii) a consent order; and

(b) “set aside” means—

(i) in the High Court, to set aside a financial remedy order pursuant to section 17(2) of the Senior Courts Act 1981 and this rule;

(ii) in the family court, to rescind or vary a financial remedy order pursuant to section 31F(6) of the 1984 Act.

(2) A party may apply under this rule to set aside a financial remedy order where no error of the court is alleged.

(3) An application under this rule must be made within the proceedings in which the financial remedy order was made.

(4) An application under this rule must be made in accordance with the Part 18 procedure, subject to the modifications contained in this rule.

(5) Where the court decides to set aside a financial remedy order, it shall give directions for the rehearing of the financial remedy proceedings or make such other orders as may be appropriate to dispose of the application.]

Textual Amendments

F6 Rule 9.9A inserted (3.10.2016) by The Family Procedure (Amendment No. 2) Rules 2016 (S.I. 2016/901), rules 1, 4