Matrimonial Causes Rules 1968
| Jurisdiction | UK Non-devolved |
| Citation | SI 1968/219 |
| Year | 1968 |
1968 No. 219 (L. 4)
MATRIMONIAL CAUSES
PROCEDURE
The Matrimonial Causes Rules 196821stFebruary 1968
29thFebruary 1968
11thApril 1968
ARRANGEMENT OF RULES
PRELIMINARY
Rule
1. Citation and commencement.
2. Interpretation.
3. Application of other rules.
4. County court proceedings in divorce registry.
COMMENCEMENT ETC. OF PROCEEDINGS
5. Application under section 2 of the Act of 1965.
6. Application to court to consider agreement made in contemplation etc. of divorce.
7. Discontinuance of cause before service of petition.
8. Stay of proceedings for restitution of conjugal rights.
9. Cause to be begun by petition.
10. Petition for jactitation of marriage.
11. Signing of petition.
12. Presentation of petition.
13. Parties.
SERVICE OF PETITION, ETC.
14. Service of petition.
15. Notice of intention to defend.
PLEADINGS AND AMENDMENT
16. Supplemental petition and amendment of petition.
17. Service of supplemental or amended petition.
18. Filing of answer to petition.
19. Filing of reply and subsequent pleadings.
20. Filing of pleading after directions for trial.
21. Contents of answer and subsequent pleadings.
22. Allegation against third person in pleading.
23. Service of pleadings.
24. Supplemental answer and amendment of pleadings.
25. Service and amendment of pleadings in Long Vacation.
26. Particulars.
27. Re-transfer of cause to divorce county court.
PREPARATIONS FOR TRIAL
28. Discovery of documents in defended cause.
29. Discovery by interrogatories in defended cause.
30. Medical examination in proceedings for nullity.
31. Conduct of medical examination.
Rule
32. Order for transfer of cause.
33. Directions for trial.
34. Determination of place of trial.
35. Directions as to allegations of cruelty.
36. Discretion statement.
37. Security for costs.
EVIDENCE
38. Evidence generally to be taken orally.
39. Power to order evidence by affidavit, etc.
40. Evidence by affidavit without order.
41. Saving for judge's powers.
42. Issue of witness summons or subpoena.
TRIAL, ETC.
43. Places where causes may be tried.
44. Transmission of file etc. on setting down cause.
45. Trial of issue.
46. Entry in lists of causes at divorce towns.
47. Further provisions as to date of trial.
48. Mode of trial.
49. Right to be heard on ancillary questions.
50. Offer of payment in satisfaction of claim for damages.
51. Investigation of arrangements for children under 16.
52. Restoration of matters adjourned etc. at the hearing.
53. Payment of damages.
54. Shorthand note etc. of proceedings at trial.
55. Application for re-hearing.
DECREES AND ORDERS
56. Decrees and orders.
57. Return of cause file.
58. Copies of decrees and orders.
59. Service of order.
60. Service of decree or order requiring act to be done.
61. Intervention to show cause by Queen's Proctor.
62. Intervention to show cause by person other than Queen's Proctor.
63. Intervention to show cause to be tried in London.
64. Rescission of decree nisi by consent.
65. Decree absolute.
66. Certificate of decree absolute.
67. Rescission of decree of judicial separation.
ANCILLARY RELIEF
68. Application by petitioner or respondent for ancillary relief.
69. Application by guardian etc. for maintenance of children.
70. Application in Form 8.
71. Application for ancillary relief after order of magistrates' court.
72. Children to be separately represented on certain applications.
73. Evidence on application for alimony, etc.
74. Evidence on application for settlement of wife's property, etc.
75. Evidence on application for modification order.
76. Service of affidavit in answer or reply.
77. Preliminary investigation by registrar of application for ancillary relief.
78. Applications heard by registrar.
Rule
79. Applications heard by judge.
80. Transfer of application for ancillary relief.
81. Arrangements for hearing of application etc. by judge.
82. Request for maintenance order at same rate as order for alimony pending suit.
83. Section 99 of County Courts Act 1959 not to apply to orders for ancillary relief.
84. Application for order under section 32(1)(a) of Act of 1965.
85. County court decrees and orders not to be registrable.
ENFORCEMENT OF ORDERS
86. Enforcement of order for payment of money, etc.
87. Judgment summonses : general provisions.
88. Special provisions as to judgment sumonses in the High Court.
89. Special provisions as to judgment summonses in divorce county courts.
90. Committal and injunction.
91. Removal of county court order into High Court.
APPLICATIONS RELATING TO CHILDREN
92. Custody, care and supervision of children.
93. Further provisions as to orders under sections 36 and 37 of Act of 1965.
94. Removal of child out of England and Wales, etc.
95. Reference to court welfare officer.
96. Statement of other proceedings on application relating to child.
97. Transfer of proceedings relating to children.
OTHER APPLICATIONS
98. Application in case of wilful neglect to maintain.
99. Transfer and hearing of applications under rule 98.
100. Application for alteration of maintenance agreement during lifetime of parties.
101. Application for alteration of maintenance agreement after death of one party.
102. Further proceedings on application under rule 101.
103. Application for maintenance from deceased's estate.
104. Proceedings under section 7 of the Matrimonial Homes Act 1967.
DISABILITY
105. Person under disability must sue by next friend, etc.
106. Service on person under disability.
107. Petition for nullity on ground of insanity, etc.
108. Separate representation of children.
PROCEDURE: GENERAL
109. Service out of England and Wales.
110. Service by post.
111. Service of documents where no special mode of service prescribed.
112. Service by bailiff in proceedings in divorce registry.
113. Proof of service by officer of court, etc.
114. Mode of making applications.
115. Place of hearing of application by judge.
116. Appeal from registrar in county court proceedings.
117. No notice of intention to proceed after year's delay.
118. Filing of documents at place of hearing, etc.
119. Mode of giving notice.
120. Procedure on transfer of cause or application.
MISCELLANEOUS
Rule
121. Inspection etc. of documents retained in court.
122. Practice to be observed in district registries and divorce county courts.
123. Revocations.
124. Transitional provisions.
Appendix I: Divorce Towns.
Appendix II: Forms.
Appendix III: Rules Revoked.
THE MATRIMONIAL CAUSES RULES 1968
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:—
PRELIMINARY
Citation and commencement
1. These rules may be cited as the Matrimonial Causes Rules 1968 and shall come into operation on 11th April 1968.
Interpretation
2.—(1) The Interpretation Act 1889(b) shall apply for the interpretation of these rules as it applies for the interpretation of an Act of Parliament.
(2) In these rules, unless the context otherwise requires—
"the Act of 1965" means the Matrimonial Causes Act 1965(c);
"the Act of 1967" means the Matrimonial Causes Act 1967;
"adopted" means adopted in pursuance of an adoption order made under the Adoption Act 1958(d), any previous enactment relating to the adoption of children or any corresponding enactment of the Parliament of Northern Ireland, or made in the Isle of Man or any of the Channel Islands;
"ancillary relief" means—
(a) an avoidance of disposition order,
(b) a child maintenance order,
(c) a lump sum order,
(d) a maintenance order,
(e) a modification order,
(f) an order for alimony pending suit.
(g) an order securing periodical payments,
(h) a periodical payments order,
(i) a permanent alimony order,
(j) a secured provision order,
(k) a variation of settlements order, or
(l) a wife's property settlement order;
(a) 1967 c. 56.
(b) 1889 c. 63.
(c) 1965 c. 72.
(d) 1958 c. 5.
"avoidance of disposition order" means an order under section 32 of the Act of 1965 setting aside a disposition;
"cause" means a matrimonial cause as defined by section 10(1) of the Act of 1967;
"child maintenance order" means an order under section 34 of the Act of 1965 making provision for the maintenance of any child of the family;
"child of the family" means a child who is—
(a) a child (including an illegitimate or adopted child) of both parties to the marriage, other than a child who has been adopted by some other person; or
(b) a child (including an illegitimate or adopted child) of one party to the marriage who has been accepted as one of the family by the other party;
"court of trial" means a divorce county court designated by the Lord Chancellor as a court of trial pursuant to section 1(1) of the Act of 1967 and, in relation to matrimonial proceedings pending in a divorce county court, the divorce registry shall be treated as a court of trial having its place of sitting at the Royal Courts of Justice;
"defended cause" means a cause not being an undefended cause;
"directions for trial" means directions for trial given under rule 33;
"district registry" means any district registry having a divorce county court within its district;
"divorce county court" means a county court so designated by the Lord Chancellor pursuant to section 1(1) of the Act of 1967;
"divorce registry" means the principal probate registry;
"divorce town" means a town mentioned in Appendix I;
"financial relief" has the same meaning as in section 32 of the Act of 1965;
"judge "—
(a) in relation to proceedings pending in a divorce county court means one of the county court judges assigned by the Lord Chancellor to exercise the jurisdiction conferred by the Act of 1967 on divorce county courts,
(b) in relation to proceedings pending in the High Court, includes the President, any judge of the Probate, Divorce and Admiralty Division, any judge of the High Court exercising jurisdiction in matrimonial proceedings and any commissioner exercising jurisdiction in such proceedings under or by virtue of section...
To continue reading
Request your trial