Matrimonial Causes (Amendment) Rules 1971

JurisdictionUK Non-devolved

1971 No. 1923 (L. 42)

MATRIMONIAL CAUSES

SUPREME COURT OF JUDICATURE, ENGLAND

COUNTY COURTS

The Matrimonial Causes (Amendment) Rules 1971

17thNovember 1971

3rdDecember 1971

1stJanuary 1972

We, the authority having power to make rules of court for the purposes mentioned in section 7(1) of the Matrimonial Causes Act 1967(a), hereby exercise that power as follows:—

1.—(1) These Rules may be cited as the Matrimonial Causes (Amendment) Rules 1971.

(2) In these Rules a rule referred to by number means the rule so numbered in the Matrimonial Causes Rules 1971(b); "Appendix 1" and "Appendix 2" mean respectively Appendices 1 and 2 to those Rules, and a form referred to by number means the form so numbered in Appendix 2.

(3) The Interpretation Act 1889(c) shall apply to the interpretation of these Rules as it applies to the interpretation of an Act of Parliament.

2. Rule 2(2) shall be amended as follows:—

(1) For the definition of "divorce registry" there shall be substituted the following definition:—

" "divorce registry" means the principal registry of the Family Division".

(2) For the definition of "divorce town" there shall be substituted the following definition:—

" "divorce town", in relation to any matrimonial proceedings, means a town at which sittings of the High Court are authorised to be held outside the Royal Courts of Justice for the hearing of those proceedings or proceedings of the class to which they belong".

(3) In the definition of "judge" the letter (a) and paragraph (b) shall be omitted.

(a) 1967 c. 56.

(b) S.I. 1971/953 (1971 II, p. 2713).

(c) 1889 c. 63.

(4) The definition of "long cause" shall be omitted.

(5) In the definition of "the President" for the words "Probate, Divorce and Admiralty Division" there shall be substituted the words "Family Division".

(6) The definition of "short cause" shall be omitted.

3. For paragraph (4) of rule 9 there shall be substituted the following paragraph:—

"(4) A petition for a decree of nullity under section 2(e) or (f) of the Nullity of Marriage Act 1971(a) shall state whether the petitioner was at the time of the marriage ignorant of the facts alleged".

4. In rule 18(4) for the words "section 9(1)(b) of the Act of 1965" there shall be substituted the words "section 2(d) of the Nullity of Marriage Act 1971".

5. In rule 21(1) for the words "(11) and (14)" there shall be substituted the words "and (11)".

6. In rule 30(1), (2) and (3) the words "impotence or" shall be omitted wherever...

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