The Family Procedure Rules 2010

[F1 Application and interpretation E+W

7.1.— (1) The rules in this Part apply to matrimonial and civil partnership proceedings.

(2) This Part is subject to any provision made by or pursuant to Part 41 (proceeding by electronic means).

(3) In this Part—

“disputed case” means—

(a)

nullity proceedings in which—

(i)

an answer has been filed opposing the grant of an order on the application, and has not been struck out; or

(ii)

the respondent has filed an application for a matrimonial or civil partnership order in accordance with rule 7.24 and neither party’s application has been disposed of; or

(iii)

rule 7.27(2) applies (in light of paragraph (1) of that rule), notice has been given of intention to rebut and that notice has not been withdrawn,

and in which no matrimonial or civil partnership order has been made; and

(b)

matrimonial or civil partnership proceedings (excluding nullity proceedings) in which—

(i)

an answer has been filed disputing—

(aa)

the validity or subsistence of the marriage or civil partnership; or

(ab)

the jurisdiction of the court to entertain the proceedings,

and has not been struck out; or

(ii)

the respondent has filed an application for a matrimonial or civil partnership order in accordance with rule 7.12(1) and neither party’s application has been disposed of,

and in which no matrimonial or civil partnership order has been made;

“nullity proceedings” means proceedings for a nullity order or nullity of marriage order; and

“standard case” means matrimonial proceedings or civil partnership proceedings other than a disputed case.

(4) In this Part—

(a) a reference to a conditional order is a reference to a matrimonial order or civil partnership order (other than a judicial separation order or separation order) which has not been made final; and

(b) a reference to a final order is a reference to a conditional order which has been made final.]

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