Matrimonial Causes (Amendment No. 3) Rules 1973
| Jurisdiction | UK Non-devolved |
| Citation | SI 1973/1973 |
1973 No. 1973 (L. 27)
MATRIMONIAL CAUSES
SUPREME COURT OF JUDICATURE, ENGLAND
COUNTY COURTS
The Matrimonial Causes (Amendment No. 3) Rules 197326thNovember 1973
30thNovember 1973
1stJanuary 1974
We, the authority having power to make rules of court for the purposes mentioned in section 50 of the Matrimonial Causes Act 1973(a), as amended by section 6(2) of the Domicile and Matrimonial Proceedings Act 1973(b), hereby exercise that power as follows:—
1.—(1) These Rules may be cited as the Matrimonial Causes (Amendment No. 3) Rules 1973 and shall come into operation on 1st January 1974.
(2) In these Rules a rule referred to by number means the rule so numbered in the Matrimonial Causes Rules 1971(c), as amended(d), and a form referred to by number means the form so numbered in Appendix 2 to those Rules.
(3) The Interpretation Act 1889(e) shall apply to the interpretation of these Rules as it applies to the interpretation of an Act of Parliament.
2. Rule 9 shall be amended as follows:—
(1) For paragraphs (2) and (3) there shall be substituted the following paragraphs:—
"(2) A petition for divorce, nullity or judicial separation—
(a) shall state whether or not there are to the knowledge of the petitioner any proceedings continuing in any country outside England and Wales which are in respect of the marriage to which the petition relates or are capable of affecting its validity or subsistence, and
(b) if there are any such proceedings, shall give particulars of them including—
(i) the court in or tribunal or authority before which they were begun,
(ii) the date when they were begun,
(iii) the names of the parties,
(a) 1973 c. 18.
(b) 1973 c. 45.
(c) S.I. 1971/953 (1971 II, p. 2713).
(d) The relevant amending instruments are S.I. 1971/1923, 1973/777 (1971 III, p. 5243; 1973 I, p. 2459).
(e) 1889 c. 63.
(iv) the date, or as the case may be, the expected date of any trial in the proceedings, and
(v) such other facts as may be relevant to the question whether the proceedings on the petition should be stayed under Schedule 1 to the Domicile and Matrimonial Proceedings Act 1973.
(3) In paragraph (2) "proceedings continuing in any country outside England and Wales" includes any proceedings in that country which are not instituted in a court of law, if those proceedings are instituted before a tribunal or other authority in that country having power under the law having effect there to determine questions of status, and proceedings shall be...
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