The Family Procedure (Amendment) Rules 2015

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Family Procedure Rules 2010 (S.I. 2010/2955) (“the FPR”).

Rules 3 to 7, 9(a) and (b) and 12 make amendments to the FPR which are consequential upon the coming into force of section 12A of the Matrimonial Causes Act 1973 (c.18), which makes provision in respect of the grounds on which a marriage converted from a civil partnership (under section 9 of the Marriage (Same Sex Couples) Act 2013 (c.30)) is void or voidable.

Rule 8 amends rule 7.21 of the FPR to change the period of notice to be given under that rule to not less than 14 days and to require notice to be given to the court, as well as to be served on every other party.

Rule 9(c) amends the FPR in consequence of the coming into force of section 8(5A) of the Gender Recognition Act 2004 (c.7), which was inserted by the Marriage (Same Sex Couples) Act 2013, and which makes provision for a spouse to apply to quash a decision to issue an interim gender recognition certificate on the grounds that its grant was secured by fraud.

Rules 10 and 11 make amendments to the FPR which are consequential upon the coming into force of section 63CA of the Family Law Act 1996 (c.27), which provides for an offence of breaching a forced marriage protection order.

Rule 13 makes a minor tidying amendment to rule 34.36 of the FPR, in consequence of an earlier amendment which omitted paragraph (2) to rule 34.35 of the FPR.

Rule 14 makes transitional provision.

No impact assessment has been produced for this instrument because no, or minimal, impact is anticipated to result from its provisions.