The Family Procedure Rules 2010

CHAPTER 2PROCEDURE FOR APPLICATIONS

When an Application for a financial order may be made

9.4.  An application for a financial order may be made—

(a)in an application for a matrimonial or civil partnership order; or

(b)at any time after an application for a matrimonial or civil partnership order has been made.

Where to start proceedings

9.5.—(1) An application for a financial remedy must be filed—

(a)if there are proceedings for a matrimonial order or a civil partnership order which are proceeding in a designated county court, in that court; or

(b)if there are proceedings for a matrimonial order or a civil partnership order which are proceeding in the High Court, in the registry in which those proceedings are taking place.

(2) In any other case, in relation to the application set out in column 1 of the following table, column 2 sets out where the application must be filed.

(3) An application for a financial remedy under Part 3 of the 1984 Act or Schedule 7 to the 2004 Act which is proceeding in the High Court must be heard by a judge, but not a district judge, of that court unless a direction has been made that the application may be heard by a district judge of the principal registry.

(Rule 8.28 enables a judge to direct that an application for a financial remedy under Part 3 of the 1984 Act or Schedule 7 to the 2004 Act may be heard by a district judge of the principal registry.)

Application for an order preventing a disposition

9.6.—(1) The Part 18 procedure applies to an application for an order preventing a disposition.

(2) An application for an order preventing a disposition may be made without notice to the respondent.

(“Order preventing a disposition” is defined in rule 9.3.)

Application for interim orders

9.7.—(1) A party may apply at any stage of the proceedings for—

(a)an order for maintenance pending suit;

(b)an order for maintenance pending outcome of proceedings;

(c)an order for interim periodical payments;

(d)an interim variation order; or

(e)any other form of interim order.

(2) The Part 18 procedure applies to an application for an interim order.

(3) Where a party makes an application before filing a financial statement, the written evidence in support must—

(a)explain why the order is necessary; and

(b)give up to date information about that party’s financial circumstances.

(4) Unless the respondent has filed a financial statement, the respondent must, at least 7 days before the court is to deal with the application, file a statement of his means and serve a copy on the applicant.

(5) An application for an order mentioned in paragraph (1)(e) may be made without notice.

Application for periodical payments order at same rate as an order for maintenance pending suit

9.8.—(1) This rule applies where there are matrimonial proceedings and—

(a)a decree nisi of divorce or nullity of marriage has been made;

(b)at or after the date of the decree nisi an order for maintenance pending suit is in force; and

(c)the spouse in whose favour the decree nisi was made has made an application for an order for periodical payments.

(2) The spouse in whose favour the decree nisi was made may apply, using the Part 18 procedure, for an order providing for payments at the same rate as those provided for by the order for maintenance pending suit.

Application for periodical payments order at same rate as an order for maintenance pending outcome of proceedings

9.9.—(1) This rule applies where there are civil partnership proceedings and—

(a)a conditional order of dissolution or nullity of civil partnership has been made;

(b)at or after the date of the conditional order an order for maintenance pending outcome of proceedings is in force;

(c)the civil partner in whose favour the conditional order was made has made an application for an order for periodical payments.

(2) The civil partner in whose favour the conditional order was made may apply, using the Part 18 procedure, for an order providing for payments at the same rate as those provided for by, the order for maintenance pending the outcome of proceedings.