The Family Procedure Rules 2010

[F1 Stay of proceedings E+W

7.33.— (1) Where—

(a) the court is considering an application in accordance with rule 7.10 or gives directions under rule 7.11 or 7.17;

(b) it appears to the court that there are proceedings continuing in any country outside England and Wales which are in respect of the marriage or civil partnership in question or which are capable of affecting its validity or subsistence; and

(c) the court considers that the question whether the proceedings should be stayed under paragraph 9 of Schedule 1 to the Domicile and Matrimonial Proceedings Act 1973 or, for civil partnership proceedings, under rules made under sections 75 and 76 of the Courts Act 2003 ought to be determined by the court,

the court must give directions for the hearing of that question.

(2) The court may, if all parties agree, deal with any question about the jurisdiction of the court without a hearing.

(3) For the purposes of paragraph 5 of Schedule 1 to the Domicile and Matrimonial Proceedings Act 1973—

(a) proceedings in another jurisdiction shall include such proceedings which are not instituted in a court of that jurisdiction, if they are instituted before a tribunal or other authority having power under the law having effect there to determine questions of status; and

(b) proceedings which are continuing in another jurisdiction are proceedings which have been begun and have not been finally disposed of.]

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