PART 7E+WPROCEDURE FOR APPLICATIONS IN MATRIMONIAL AND CIVIL PARTNERSHIP PROCEEDINGS

CHAPTER 2E+WRULES ABOUT STARTING AND RESPONDING TO PROCEEDINGS

Who the parties areE+W

7.10.—(1) The parties to matrimonial proceedings or civil partnership proceedings are—

(a)the parties to the marriage or civil partnership concerned; and

(b)any other person who is to be a party in accordance with a provision of the rules in this Part.

(2) Subject to paragraph (3), where an application for a matrimonial order or an answer to such an application alleges that the other party to the marriage has committed adultery with a named person, that named person is to be the co-respondent.

(3) The named person referred to in paragraph (2) is not to be a co-respondent where—

(a)the court so directs;

(b)that person has died; or

(c)unless the court directs otherwise—

(i)that person is under 16 years of age; or

(ii)the other party to the marriage is alleged in the application or answer to have committed rape on the named person.

(4) Where an application for a matrimonial or civil partnership order or an answer alleges that the other party to the marriage or civil partnership has had an improper association with a named person, the court may direct that the named person is to be [F1the co-respondent] to the application, unless the named person has died.

(5) An application for directions under paragraph (3)(a) or (c) may be made without notice if the acknowledgment of service indicates that no party intends to defend the case.

Textual Amendments

F1Words in rule 7.10(4) substituted (6.4.2012) by The Family Procedure (Amendment) Rules 2012 (S.I. 2012/679), rules 1, 8 (with rule 30)