PART 9APPLICATIONS FOR A FINANCIAL REMEDY

CHAPTER 6GENERAL PROCEDURE

Where proceedings may be heard9

1

Paragraph (2) applies to an application—

a

for a financial order;

b

under Part 3 of the 1984 Act; or

c

under Schedule 7 to the 2004 Act.

2

An application mentioned in paragraph (1) must be heard—

a

where the case is proceeding in the county court, at any court of trial; and

b

where the case is proceeding in the High Court—

i

at the Royal Courts of Justice; or

ii

in matrimonial or civil partnership proceedings, any court at which sittings of the High Court are authorised.

3

An application for an order under—

a

section 27 of the 1973 Act M1; or

b

Part 9 of Schedule 5 to the 2004 Act,

must be heard in a court of trial or in the High Court.

4

A court may transfer a case to another court exercising the same jurisdiction, either of its own initiative or on the application of one of the parties, if—

a

the parties consent to the transfer;

b

the court has held a hearing to determine whether a transfer should be ordered; or

c

paragraph (5) applies.

5

A court may transfer a case without a hearing if—

a

the court has notified the parties in writing that it intends to order a transfer; and

b

neither party has, within 14 days of the notification being sent, requested a hearing to determine whether a transfer should be ordered.