PART 7PROCEDURE FOR APPLICATIONS IN MATRIMONIAL AND CIVIL PARTNERSHIP PROCEEDINGS

CHAPTER 3HOW THE COURT DETERMINES MATRIMONIAL AND CIVIL PARTNERSHIP PROCEEDINGS

Applications for a decree nisi or a conditional order7

1

An application may be made to the court for it to consider the making of a decree nisi, a conditional order, a decree of judicial separation or a separation order in the proceedings—

a

at any time after the time for filing the acknowledgment of service has expired, provided that no party has filed an acknowledgment of service indicating an intention to defend the case; and

b

in any other case, at any time after the time for filing an answer to every application for a matrimonial or civil partnership order made in the proceedings has expired.

2

An application under paragraph (1) may be made—

a

in a case within paragraph (1)(a), by the applicant; and

b

in any other case, by either party to the marriage or civil partnership in question.

3

An application under this rule must, if the information which was required to be provided by the application form is no longer correct, be accompanied by a statement setting out particulars of the change.

4

If F2no party has filed an answer opposing the making of a decree nisi, a conditional order, a decree of judicial separation or a separation order on F3another party’s application, then an application under this rule must be accompanied by F4a statement

a

stating whether there have been any changes in the information given in the application F6...;

b

confirming that, subject to any changes stated, the contents of the application F7... are true; and

c

where the acknowledgment of service has been signed by the other party F5to the marriage or civil partnership, confirming that party's signature on the acknowledgment of service.

F15

A statement under paragraph (4) must be verified by a statement of truth.