Matrimonial Causes Rules, 1957
| Jurisdiction | UK Non-devolved |
1957 No. 619 (L. 4)
The Matrimonial Causes Rules, 19578thApril 1957
12thApril 1957
30thApril 1957
ARRANGEMENT OF RULES
Rule
1. Citation, commencement and interpretation.
2. Applications for leave to present a petition.
3. Commencement of proceedings.
4. Form of petition.
5. Co-respondent and interveners.
6. Affidavit in support of petition.
7. Notice of petition and notice of proceedings.
8. Notice of application for ancillary relief.
9. Service of petition, originating summons and notice of application for ancillary relief.
10. Service out of the jurisdiction.
11. Proof of service.
12. Service of other documents.
13. Entry of appearance.
14. Form of appearance.
15. Amended and supplemental petitions.
16. Answer.
17. Form of answer, parties cited, and service of answer.
18. Reply.
19. Amendment of originating summons, etc.
20. Pleadings out of time.
21. Particulars.
22. Delivery of subsequent pleadings.
23. Discovery.
24. Medical inspection.
25. Evidence.
26. Staying proceedings for restitution.
27. Trial of issues.
28. Discretion statement.
29. Mode of trial.
30. Registrar's certificate and directions for trial.
31. Setting down for trial.
32. Trial in the provinces.
33. Right of respondent, co-respondent or party cited to be heard without filing answer.
34. Form of decree.
35. Non-payment of court fees.
36. Re-hearing.
37. Interventions by Queen's Proctor.
38. Interventions by person other than Queen's Proctor.
39. Interventions to be heard in London.
40. Decree absolute.
41. Reversal of decree of judicial separation.
42. Alimony pending suit.
43. Maintenance of children.
44. Maintenance, secured provision, settlement of wife's property, and variation of marriage settlements.
45. Permanent alimony.
46. Periodical payments.
47. Variation of orders for alimony, etc.
48. Evidence on applications for alimony, etc.
49. Evidence on applications for settlement of wife's property or variation of settlements.
50. Evidence on application for modification order.
51. Preliminary investigation by registrar of application for ancillary relief.
52. Applications heard by registrar.
53. Applications heard by judge.
54. Custody of and access to children.
55. Injunction restraining removal of children.
56. Separate representation of children.
57. Information as to other proceedings relating to children.
58. Applications in case of wilful neglect to maintain.
59. Proceedings in chambers.
60. Hearing of summons.
61. Appeals from registrar.
62. Subpoœnas.
63. Attachment and committal.
64. Enforcement of orders.
65. Motions.
66. Infants and persons of unsound mind.
67. Security for wife's costs.
68. Taxation.
69. Payment of costs.
70. Payment of money out of court.
71. Proceedings in district registries.
72. Shorthand notes.
73. Appeals from magistrates' courts.
74. Legitimacy proceedings.
75. Registration of orders under Maintenance Orders Act, 1950.
76. Registration and transmission of orders under Maintenance Orders (Facilities for Enforcement) Act, 1920.
77. Exercise of jurisdiction under Married Women's Property Act, 1882.
78. Greek marriages.
79. Divorce Registry.
80. Exercise of powers of President and judge.
81. Time.
82. Application of Rules of the Supreme Court.
83. Pending proceedings.
84. Revocation of previous Rules.
Appendices.
THE MATRIMONIAL CAUSES RULES, 1957
We, the Rule Committee of the Supreme Court, hereby make the following Rules:—
Citation, commencement and interpretation
1.—(1) These Rules may be cited as the Matrimonial Causes Rules, 1957, and shall come into operation on the thirtieth day of April, 1957.
(2) The Interpretation Act, 1889(a), shall apply to the interpretation of these Rules as it applies to the interpretation of an Act of Parliament.
(3) In these Rules, unless the context otherwise requires—
"The Act" means the Matrimonial Causes Act, 1950(b);
"The President" means the President of the Probate, Divorce and Admiralty Division;
"Judge" includes the President, any judge of the Probate, Divorce and Admiralty Division, any judge of the High Court exercising jurisdiction in matrimonial causes and matters, and any commissioner exercising jurisdiction in such causes and matters under or by virtue of section 70 (5) of the Supreme Court of Judicature (Consolidation) Act, 1925(c), and any order made thereunder;
"The Divorce Registry" means the Principal Probate Registry;
"The Senior Registrar" means the Senior Registrar of the Divorce Registry;
"Registrar" means one of the registrars of the Divorce Registry;
"District registry" means any of the district registries of the High Court mentioned in Appendix I and any other district registry which may be named in any order made by the Lord Chancellor with the concurrence of the President;
"District registrar" means a registrar of a district registry;
"Divorce town" means a town mentioned in Appendix II;
"Undefended cause" means a matrimonial cause in which no answer has been filed or in which all the answers filed have been struck out, but does not include—
(i) a cause in which relief is sought under section 1 (1) (d) or 8 (1) (b) of the Act;
(ii) a cause in which a co-respondent, party cited or person named, whether made a respondent or not, denies a charge of adultery without filing an answer; or
(iii) a cause in which a co-respondent claims to be heard as to damages without filing an answer;
"Defended cause" means a matrimonial cause not being an undefended cause;
"Long defended cause" means a defended cause which has been included in the long defended list by virtue of directions given by a registrar under Rule 30, and "short defended cause" means a cause which has been included in the short defended list by virtue of any such directions;
"Ancillary relief" means any relief mentioned in Rule 3 (3) or (4);
"Modification order" has the meaning assigned to it by Rule 3 (4) (d);
(a) 52 & 53 Vict. c. 63.
(b) 14 Geo. 6. c. 25.
(c) 15 & 16 Geo. 5. c. 49.
"Filed" means, in the case of a cause or matter proceeding in the Divorce Registry, filed in the Divorce Registry and, in the case of a cause or matter proceeding in a district registry, filed in that district registry;
"Office copy" means a copy examined against the original in the registry in which the cause is proceeding and sealed with the seal of that registry, or a photographic copy so sealed;
"Person named" includes a person described as "passing under the name of A.B.";
"Rules of the Supreme Court" means the Rules of the Supreme Court, 1883, as amended by any subsequent Rules.
(4) In these Rules, unless the context otherwise requires, a Rule or Appendix referred to by number means the Rule or Appendix so numbered in these Rules, and a Form referred to by number means the Form so numbered in Appendix III.
Applications for leave to present a petition
2.—(1) An application for leave to present a petition for divorce before three years have passed since the date of the marriage shall be made by originating summons in accordance with Form 1.
(2) There shall be filed in support of the summons an affidavit by the applicant stating—
(a) the grounds of the application;
(b) particulars of the hardship of depravity alleged;
(c) whether there has been any previous application under this Rule;
(d) whether there are living any children the marriage of whose parents is the subject of the application and, if so, the names and dates of birth or ages of such children and particulars of the place at which and person with whom they are residing;
(e) whether any, and if so what, attempts at reconciliation have been made;
(f) particulars of any circumstances which may assist the court in determining whether there is a reasonable probability of reconciliation between the parties.
A copy of the intended petition shall be exhibited to the affidavit.
(3) When the summons is issued, it shall be made returnable for a fixed date before a judge in chambers and shall be accompanied by a form of acknowledgment of service in accordance with Form 4.
(4) Unless otherwise directed, the summons shall be served on the respondent at least five clear days before the return date.
(5) No appearance need be entered to the summons and no affidavit need be filed in reply, and the intended respondent may be heard without entering an appearance.
Commencement of proceedings
3.—(1) Every matrimonial cause shall be commenced by filing a petition addressed to the High Court.
(2) A petition shall not be filed if there is before the court another petition by the same petitioner which has not been dismissed or otherwise disposed of by a final order.
(3) Every application for ancillary relief, being an application—
(a) for alimony pending suit;
(b) for the maintenance of any children the marriage of whose parents is the subject of the proceedings (in these Rules referred to as "maintenance of the children"), where custody of the children is claimed by the applicant in the petition or answer;
(c) for the payment, on a decree for divorce or nullity of marriage, of monthly or weekly sums by the husband for the maintenance and support of his wife or by the wife, where she has presented a petition for divorce on the ground of her husband's insanity, for the maintenance and support of her husband (in these Rules referred to as "maintenance");
(d) for securing, on a decree for divorce or nullity of marriage, a gross or annual sum of money—
(i) to the wife by her husband;
(ii) to the husband by his wife, where she has presented a petition for divorce on the ground of her husband's insanity;
(iii) for the benefit of the children, either by the husband or, where she has presented such a petition as aforesaid, by the wife
(in these Rules referred to as "a secured provision");
(e) for the payment, on a decree of judicial separation, of alimony to the wife or. where she has presented a petition for judicial separation on the ground of her husband's insanity, to the husband (in these Rules referred to as "permanent alimony")
shall be made in...
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