The Family Proceedings (Amendment No. 2) Rules (Northern Ireland) 2005

Amendment to the 1996 Rules

104.  In Appendix 1 (Forms)—

(a)in the list of forms—

(i)after the entry relating to Form M5, in the first column insert “Form M5A” and in the second column insert “Notice of Proceedings: Civil Partnership Act 2004”;

(ii)after the entry relating to Form M6, in the first column insert “Form M6A” and in the second column insert “Acknowledgement of Service: Civil Partnership Act 2004”;

(iii)for the entry relating to Form M10, in the second column insert “Notice of Application for Decree Nisi to be Made Absolute or Conditional Order to be Made Final”;

(iv)after the entry relating to Form M11, in the first column insert “Form M11A”and in the second column insert “Certificate of Making Conditional Order for Dissolution Final”;

(v)after the entry relating to Form M12, in the first column insert “Form M12A”and in the second column insert “Certificate of Making Conditional Nullity Order Final”;

(vi)after the entry relating to Form M26, in the first column insert “Form M26A”and in the second column insert “Declaration as to Civil Partnership Status under section 181 of the Civil Partnership Act 2004”;

(vii)after the entry relating to Form C1, in the first column, insert “Form C1A” and in the second column insert “Supplemental Information Form”;

(b)in Form M1 (Originating Summons)—

(i)for “Marriage” substitute “[Marriage] [Civil Partnership]”;

(ii)for “marriage”, in each place it appears, substitute “[marriage] [civil partnership]”; and

(iii)for “solemnized” substitute “[solemnized] [formed]”;

(c)in Form M4 (Statement of Arrangements for Children)—

(i)after “petition for divorce” insert “or dissolution”;

(ii)for “husband/wife”, in each place it appears, substitute “[spouse] [civil partner]”; and

(iii)for “divorce petition”, in each place it appears, substitute “petition for divorce or dissolution”;

(d)in Form M5 (Notice of Proceedings)—

(i)in paragraph 2A(b)—

(aa)for “Articles 9 and 11” substitute “Articles 16, 17 and 19”;

(bb)for “1347/2000 of 29th May 2000 on” substitute “2201/2003 of 27th November 2003 concerning”;

(cc)for “in”, the second time it appears, substitute “the”; and

(dd)omit “for children of both spouses”.

(ii)after paragraph 13 insert—

“14.  If the petition is brought on the ground that an interim gender recognition certificate has been issued to a party to the marriage (under Article 14(g) of, or paragraph 18(1)(e) of the Matrimonial Causes (Northern Ireland) Order 1978) and such a certificate has been issued to you, you shall, when returning the acknowledgement of service, attach to it a copy of your interim certificate.

15.  If the petition is brought on the ground that your gender was the acquired gender at the time of the marriage under the Gender Recognition Act 2004 (under Article 14(h) of the Matrimonial Causes (Northern Ireland) Order 1978) and a full gender recognition certificate has been issued to you, you shall, when returning the acknowledgement of service, attach to it a copy of your full certificate”.

(e)after Form M5 insert the new Form M5A (Notice of Proceedings: Civil Partnership Act 2004) set out in Schedule 1 to these Rules;

(f)in Form M6 (Acknowledgement of Service), in paragraph 1A(e), for “Article 11” substitute “Article 19”.

(g)after Form M6 insert the new Form M6A (Acknowledgement of Service: Civil Partnership Act 2004) set out in Schedule 2 to these Rules;

(h)in Form M8 (Certificate of Readiness), in the note, for “divorce county court” substitute “designated county court”;

(i)for Form M10 substitute the new Form M10 (Notice of Application for Decree Nisi to be Made Absolute or Conditional Order to be Made Final) set out in Schedule 3 to these Rules;

(j)after Form M11 insert the new Form M11A (Certificate of Making Conditional Order for Dissolution Final) set out in Schedule 4 to these Rules;

(k)after Form M12 insert the new Form 12A (Certificate of Making Conditional Nullity Order Final) set out in Schedule 5 to these Rules;

(l)in Form M13, after “maintenance pending suit” insert “, maintenance pending outcome of proceedings”;

(m)in Form M14 (Notice of Application under Rule 2.48)—

(i)for “Article 12(2) of the Matrimonial Causes (Northern Ireland) Order 1978” substitute “[Article 12(2) of the Matrimonial Causes (Northern Ireland) 1978] [section 172(2) of the Civil Partnership Act 2004]”; and

(ii)for “divorce” substitute “[divorce] [dissolution]”; and

(iii)after “decree nisi” insert “or conditional order”.

(n)in Form M17 (Notice of Request for Periodical Payments Order at Same Rate as Order for Maintenance Pending Suit)—

(i)in the title, for “Maintenance Pending Suit” substitute “[Maintenance Pending Suit] [Maintenance Pending Outcome of Proceedings]”; and

(ii)for “maintenance pending suit” substitute “[maintenance pending suit] [maintenance pending outcome of proceedings]”;

(o)in Form M18—

(i)in the title, for “In the matter of an application by AB under Article 29 of the Matrimonial Causes (Northern Ireland) Order 1978.” substitute—

• “[In the matter of an application under Article 29 of the Matrimonial Causes (Northern Ireland) Order 1978.]

• [In the matter of an application under Part 8 of Schedule 15 to the Civil Partnership Act 2004.]”; and

(ii)for “lawful husband” substitute “the [spouse] [civil partner]”;

(p)in Form M20, in the heading, for “IN THE MATTER of an application under Article 37 of the Matrimonial Causes (Northern Ireland) Order 1978” substitute—

• “[IN THE MATTER of an application under Article 37 of the Matrimonial Causes (Northern Ireland) Order 1978]

• [IN THE MATTER of an application under paragraph 62 of Schedule 15 to the Civil Partnership Act 2004]”;

(q)in Form M21, in the title, for “IN THE MATTER of an application under Article 38 of the Matrimonial Causes (Northern Ireland) Order 1978” substitute—

• “[IN THE MATTER of an application under Article 38 of the Matrimonial Causes (Northern Ireland) Order 1978]

• [IN THE MATTER of an application under paragraph 66 of Schedule 15 to the Civil Partnership Act 2004]”;

(r)after Form M26 insert the new Form M26A (Declaration as to Civil Partnership Status under section 181 of the Civil Partnership Act 2004) set out in Schedule 6 to these Rules;

(s)in Form M27—

(i)in the title for “Ex Parte Originating Summons under Article 17 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989” substitute—

• “[Ex Parte Originating Summons under Article 17 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989]

• [Paragraph 4 of Schedule 17 to the Civil Partnership Act 2004]”;

(ii)for “In the matter of an application under Article 17 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989” substitute—

• “[In the matter of an application under Article 17 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989]

• [In the matter of an application under paragraph 4 of Schedule 17 to the Civil Partnership Act 2004]”; and

(iii)for “Part IV of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989” substitute “[Part IV of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989] [Schedule 17 to the Civil Partnership Act 2004]”;

(t)in Form M28 in the heading—

(i)in the title, for “Originating Summons under Article 16 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989” substitute—

• “[Originating Summons under Article 16 of the Matrimonial and Family Proceedings (Northern Ireland) 1989]

• [Originating Summons under paragraph 2 of Schedule 17 to the Civil Partnership Act 2004]”; and

(ii)for “In the matter of an application under Article 16 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989” substitute—

• “[In the matter of an application under Article 16 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989]

• [In the matter of an application under paragraph 2 of Schedule 17 to the Civil Partnership Act 2004]”;

(u)in Form M29—

(i)in the title for “Originating Summons under Article 28 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989” substitute—

• “[Originating Summons under Article 28 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989]

• [Originating Summons under Part 2 of Schedule 17 to the Civil Partnership Act 2004]”;

(ii)for “In the matter of an application under Article 28 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989” substitute—

• “[In the matter of an application under Article 28 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989]

• [In the matter of an application under Part 2 of Schedule 17 to the Civil Partnership Act 2004]”; and

(iii)for “Part IV of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989” substitute “[Part IV of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989] [Part 2 of Schedule 17 to the Civil Partnership Act 2004]”;

(v)in Form C1 (Application for an Order)—

(i)in the heading, for “Divorce County Court” substitute “Designated County Court”;

(ii)before paragraph 1 insert the following note—

• “Important Note: you should only answer question 6A if you are asking the court to make an Article 8 Order”;

(iii)after paragraph 6 insert—

“6A.  Domestic abuse, violence or harm

Do you believe that the child(ren) named above have suffered or are at risk of suffering any harm from any of the following or through seeing or hearing any of the following:

• any form of domestic abuse

• violence within the household

• other conduct or behaviour

• ill treatment of another person

• by any person who is or who has been involved in caring for the child(ren) or lives with, or has contact with, the child(ren)?

  Please tick the box which applies

  □

  Yes

  □

  No

• If you tick the Yes box, you must also fill in Supplemental Information Form (Form C1A). You can obtain a copy of this from a court office if one has not been enclosed with the papers served on you.”; and

(iv)in paragraph 9—

(aa)for “mother and father” substitute “parents”; and

(bb)after “married to each other” insert “or civil partners of each other”;

(w)after Form C1 insert the new Form C1A (Supplemental Information Form) set out in Schedule 7 to these Rules;

(x)in Form C2 (Application)—

in the heading, for “Divorce County Court” substitute “Designated County Court”;

(i)before paragraph 1 insert—

• “Important Note: you should only answer question 3A if you are asking the court to make an Article 8 Order”; and

(ii)after paragraph 3 insert—

“3A.  Domestic abuse, violence or harm

Do you believe that the child(ren) named above have suffered or are at risk of suffering any harm from any of the following or through seeing or hearing any of the following:

• any form of domestic abuse

• violence within the household

• other conduct or behaviour

• ill treatment of another person

• by any person who is or who has been involved in caring for the child(ren) or lives with, or has contact with, the child(ren)?

  Please tick the box which applies

  □

  Yes

  □

  No

• If you tick the Yes box, you must also fill in Supplemental Information Form (Form C1A). You can obtain a copy of this from a court office if one has not been enclosed with the papers served on you.”;

(y)in Forms C3, C6, C7, C8 to C17, C20 to C43, F1, F4, F5, F7 and F8, in the heading, for “Divorce County Court” substitute “Designated County Court”;

(z)for Form C4 substitute the new Form C4 (Acknowledgement) set out in Schedule 8 to these Rules;

(aa)in Form C7A (Statement of Means)—

(i)in the heading, for “Divorce County Court” substitute “Designated County Court”;

(ii)in paragraph 1, after “married,” insert “in a civil partnership,”; and

(iii)in paragraph 2, after “spouse,” insert “civil partner,”;

(bb)for Form F2 substitute the new Form F2 (Application for a Non-Molestation Order/an Occupation Order) set out in Schedule 9 to these Rules;

(cc)in Form F3 (Notice of Proceedings)—

(i)in the heading, for “Divorce County Court” substitute “Designated County Court”; and

(ii)in Note 4—

(aa)after “marriage” insert “or civil partnership”;

(bb)after “divorce proceedings etc” insert, on a new line—

“or

under Part 2 of Schedule 15 to the Civil Partnership Act 2004 (property adjustment on or after dissolution, nullity or separation); and

(cc)for “the length of time during which you have lived together as husband and wife” substitute “the length of time during which you have lived together as husband and wife or civil partners”;”

(dd)in Form F9, for “Divorce County Court”, in each place it appears, substitute “Designated County Court”; and

(ee)in Form A2 (Application for an Order Freeing a Child for Adoption (without Parental Consent), in paragraph 2 under Particulars of the Child, after “married” insert “ or a civil partner”.