Matrimonial Causes Rules 1971
| Jurisdiction | UK Non-devolved |
1971 No. 953 (L. 21)
MATRIMONIAL CAUSES
SUPREME COURT OF JUDICATURE, ENGLAND
COUNTY COURTS
The Matrimonial Causes Rules 19717thJune 1971
23rdJune 1971
12thJuly 1971
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 Act of 1965.
6. Application to court to consider agreement made in contemplation etc. of divorce or judicial separation.
7. Discontinuance of cause before service of petition.
8. Cause to be begun by petition.
9. Contents of 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.
16. Notice of absence or withdrawal of consent.
PLEADINGS AND AMENDMENT
17. Supplemental petition and amendment of 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.
32. Order for transfer of cause.
33. Directions for trial.
34. Determination of place of trial.
35. Directions as to allegations under section 2(1)(b) of Act of 1969.
36. Security for costs.
EVIDENCE
37. Evidence generally to be taken orally.
38. Evidence by affidavit, etc.
39. Evidence of marriage outside England and Wales.
40. Saving for judge's powers.
41. Issue of witness summons or subpoena.
42. Hearsay evidence.
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. Respondent's statement as to arrangements for children.
51. Order as to arrangements for children to be drawn up.
52. Restoration of matters adjourned etc. at the hearing.
53. Shorthand note etc. of proceedings at trial.
54. Application for re-hearing.
DECREES AND ORDERS
55. Decrees and orders.
56. Application for rescission of decree.
57. Application under section 6 of Act of 1969.
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 10 or 11.
71. Application for ancillary relief after order of magistrates' court.
72. Children to be separately represented on certain applications.
73. General provisions as to evidence etc. on application for ancillary relief.
74. Evidence on application for settlement of property, etc.
75. Evidence on application for variation order.
76. Service of affidavit in answer or reply.
77. Investigation by registrar of application for ancillary relief.
78. Applications heard by registrar.
79. Applications heard by judge.
80. Transfer of application for ancillary relief: general provisions.
81. Transfer to High Court for purpose of expedition.
82. Arrangements for hearing of application etc. by judge.
83. Request for periodical payments order at same rate as order for maintenance pending suit.
84. Application for order under section 16(1)(a) of Act of 1970.
85. Exclusion of sections 99 and 101 of County Courts Act 1959.
ENFORCEMENT OF ORDERS
86. Enforcement of order for payment of money, etc.
87. Judgment summonses: general provisions.
88. Special provisions as to judgment summonses 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 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. Removal of proceedings to High Court under section 115 of County Courts Act 1959.
121. Procedure on transfer of cause or application.
MISCELLANEOUS
122. Inspection etc. of documents retained in court.
123. Practice to be observed in district registries and divorce county courts.
124. Revocations.
Appendix 1: Divorce Towns.
Appendix 2: Forms.
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 1971 and shall come into operation on 12th July 1971.
Interpretation
2.—(1) The Interpretation Act 1889(b) shall apply to the interpretation of these Rules as it applies to 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;
"the Act of 1969" means the Divorce Reform Act 1969(d);
"the Act of 1970" means the Matrimonial Proceedings and Property Act 1970(e);
"adopted" has the same meaning as in section 27 of the Act of 1970;
"ancillary relief" means—
(a) an avoidance of disposition order,
(b) a lump sum order,
(c) an order for maintenance pending suit,
(d) a periodical payments order,
(e) a secured periodical payments order,
(f) a settlement of property order,
(g) a transfer of property order,
(h) a variation of settlement order, or
(i) a variation order;
"avoidance of disposition order" means an order under section 16(1) (b) or (c) of the Act of 1970;
"cause" means a matrimonial cause as defined by section 10(1) of the Act of 1967;
"child" and "child of the family" have the same meaning as in section 27 of the Act of 1970;
"court" means a judge or the registrar;
"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;
(a) 1967 c. 56.
(b) 1889 c. 63.
(c) 1965 c. 72.
(d) 1969 c. 55.
(e) 1970 c. 45.
"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 1;
"financial provision" has the same meaning as in section 16 of the Act of 1970;
"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 70(5) of the Supreme Court of Judicature (Consolidation) Act 1925(a) and any order made thereunder;
"long cause" means a cause which has been included in the long cause list by virtue of a direction given by the registrar under rule 34(8);
"lump sum order" means an order under section 2(1)(c) or section 3(2)(c) of the Act of 1970 in respect of a party or a child of the family respectively;
"matrimonial proceedings" means any proceedings with...
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