9.5.—(1) An application for a financial remedy must be filed—
(a)if there are proceedings for a matrimonial order or a civil partnership order which are proceeding in [F1the family court], in that court; or
(b)if there are proceedings for a matrimonial order or a civil partnership order which are proceeding in the High Court, in the registry in which those proceedings are taking place.
F2(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) An application for a financial remedy under Part 3 of the 1984 Act or Schedule 7 to the 2004 Act which is proceeding in the High Court must be heard by a judge, but not a district judge, of that court unless a direction has been made that the application may be heard by a district judge of the principal registry.
(Rule 8.28 enables a judge to direct that an application for a financial remedy under Part 3 of the 1984 Act or Schedule 7 to the 2004 Act [F3which is proceeding in the High Court] may be heard by a district judge of the principal registry.)
Textual Amendments
F1Words in rule 9.5(1)(a) substituted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 23(a) (with rule 137); S.I. 2014/954, art. 2
F2Rule 9.5(2) omitted (22.4.2014) by virtue of The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 23(b) (with rule 137); S.I. 2014/954, art. 2
F3Words in rule 9.5 inserted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 23(c) (with rule 137); S.I. 2014/954, art. 2