Matrimonial Causes (Amendment) Rules 1988
| Jurisdiction | UK Non-devolved |
| Citation | SI 1988/226 |
| Year | 1988 |
1988No. 226
MATRIMONIAL CAUSES
SUPREME COURT OF ENGLAND AND WALES
COUNTY COURTS
The Matrimonial Causes (Amendment) Rules 1988
12thFebruary1988
25thFebruary1988
4thApril1988
We, the authority having power to make rules of court for the purposes mentioned in section 50 of the Matrimonial Causes Act 1973 ( a), hereby exercise that power as follows:-
1.-(1) These Rules may be cited as the Matrimonial Causes (Amendment) Rules 1988.
(2) These Rules shall come into force on 4th April 1988.
(3) In these Rules a rule referred to by number means the rule so numbered in the Matrimonial Causes Rules 1977 ( b).
2. Rule 2(2) shall be amended by the insertion before the words "ancillary relief" of the words `"the Act of 1986" means the Family Law Act 1986' ( c).
3. Rule 12(1) shall be amended by substituting for the words "rule 109 or 110", the words "rule 109, 109A, 110 or 110A".
4. Rule 53(6) shall be amended by substituting for the words "or the Queen's Proctor" the words ", the Queen's Proctor or, where a declaration of parentage has been made under section 56(1)(a) of the Act of 1986, the Registrar General".
5. For rule 109 there shall be substituted the following rule-
"Application under section 55 of the Act of 1986 for declaration as to marital status
109.-(1) Unless otherwise directed, a petition by which proceedings are begun under section 55 of the Act of 1986 for a declaration as to marital status shall state-
(a) the names of the parties to the marriage to which the application relates and the residential address of each of them at the date of the presentation of the petition;(b) the place and date of any ceremony of marriage to which the application relates;(a) 1973 c.18.
(b) S.I. 1977/344. There are no relevant amending instruments.
(c) 1986 c.55.
(c) the grounds on which the application is made and all other material facts alleged by the petitioner to justify the making of the declaration;(d) whether there have been or are continuing any proceedings in any court, tribunal or authority in England and Wales or elsewhere between the parties which relate to, or are capable of affecting the validity or subsistence of, the marriage, divorce, annulment or legal separation to which the application relates, or which relate to the matrimonial status of either of the parties, and, if so-(i) the nature, and either the outcome or present state of those proceedings,(ii) the court, tribunal or authority before which they were begun,(iii) the date when they were begun,(iv) the names of the parties to them,(v) the date or expected date of the trial,(vi) any other facts relevant to the question whether the petition should be stayed under Schedule 1 to the Domicile and Matrimonial Proceedings Act 1973 ( a);and such proceedings shall include any which are instituted otherwise than in a court of law in any country outside England and Wales, if they are instituted before a tribunal or other authority having power under the law having effect there to determine questions of status, and shall be treated as continuing if they have begun and have not been finally disposed of;
(e) where it is alleged that the court has jurisdiction based on domicile, which of the parties to the marriage to which the application relates is domiciled in England and Wales on the date of the presentation of the petition, or died before that date and was at death domiciled in England and Wales;(f) where it is alleged that the court has jurisdiction based on habitual residence, which of the parties to the marriage to which the application relates has been habitually resident in England and Wales, or died before that date and had been habitually resident in England and Wales throughout the period of one year ending with the date of death;(g) where the petitioner was not a party to the marriage to which the application relates, particulars of his interest in the determination of the application.(2) Where the proceedings are for a declaration that the validity of a divorce, annulment or legal separation obtained in any country outside England and Wales in respect of the marriage either is or is not entitled to recognition in England and Wales, the petition shall in addition state the date and place of the divorce, annulment or legal separation.
(3) There shall be annexed to the petition a copy of the certificate of any marriage to which the application relates, or, as the case may be, a certified copy of any decree of divorce, annulment or order for legal separation to which the application relates.
(4) Where a document produced by virtue of paragraph (3) is not in English it shall, unless otherwise directed, be accompanied by a translation certified by a notary public or authenticated by affidavit.
(5) The parties to the marriage in respect of which a declaration is sought shall be petitioner and respondent respectively to the application, unless a third party is applying for a declaration, in which case he shall be the petitioner and the parties to the marriage shall be respondents to the application.".
6. After rule 109 the following rule shall be inserted-
(a) 1973 c.45.
"Application under section 56(1)(a) of the Act of 1986 for declaration of parentage.
109A.-(1) Unless otherwise directed, a petition by which proceedings are begun under section 56(1)(a) of the Act of 1986 for a declaration of parentage shall state-
(a) the name (including forenames and surname) of the petitioner, and if the petitioner is known by a name other than that which appears in the certificate of his birth, that other name shall be stated in the petition and in any decree made thereon;(b) the sex of the petitioner;(c) the date and place of birth of the petitioner;(d) if it is known, the name (including forenames and surname) of the father of the petitioner, his place and date of birth, residential address and his occupation;(e) if they are known, the place and date of birth, the residential address and occupation of the mother of the petitioner and her names (including forenames and surname) at the following times-(i) at the date of her birth;(ii) if it is different, at the date of her first marriage;(iii) if it is different, at the date of the birth of the petitioner;(iv) if it is different, at the date of her most recent marriage;(v) if it is different, at the time of the presentation of the petition;(f) the grounds on which the petitioner relies and all other material facts alleged by him to justify the making of the declaration;(g) whether there are or have been any other proceedings in any court, tribunal or authority in England and...To continue reading
Request your trial