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The Family Procedure Rules 2010
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- 06/04/2011- Amendment
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[F1Applications for conditional orderE+W
This section has no associated Explanatory Memorandum
7.9.—(1) An application may be made to the court for it to consider the making of a conditional order of divorce or dissolution in the proceedings at any time after the end of the period of 20 weeks from the date on which the application was issued provided that—
(a)the time for filing the acknowledgment of service has expired and no party has filed an acknowledgement of service indicating an intention to dispute the proceedings; and
(b)in any other case, 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 may be made to the court for it to consider the making of a conditional order of nullity of marriage or nullity, a judicial separation order 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 dispute the proceedings; 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 made in the proceedings has expired.
(3) An application under paragraph (1) or (2) may be made—
(a)by the applicant; or
(b)in a joint application, by both parties; or
(c)in a joint application that is to proceed as an application by one party only, by that party.
(4) An application under this rule must be accompanied by a statement—
(a)stating whether there have been any changes in the information given in the application;
(b)confirming that, subject to any changes stated, the contents of the application are true; and
(c)where the acknowledgment of service has been signed by the other party to the marriage or civil partnership, confirming that party’s signature on the acknowledgment of service.
(5) A statement under paragraph (4) must be verified by a statement of truth.
(6) A copy of the application made under paragraph (3)(c) must be served on the other party to the marriage or civil partnership.]
Textual Amendments
F1Pt. 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
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