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

Amendment to the 1996 Rules

105.  In Appendix 2 (Contents of Petition)—

(a)in paragraph 1—

(i)in sub-paragraph (a)—

(aa)after “marriage”, the first time it appears, insert “or civil partnership, as the case may be;”; and

(bb)after “marriage”, the second time it appears, insert “or the date on and place at which the civil partnership was formed, as the case may be”;

(ii)for sub-paragraph (b) substitute—

“(b)the last address at which—

(i)in a matrimonial cause, the parties to the marriage have lived together as husband and wife, and

(ii)in a civil partnership cause, the parties to the civil partnership have lived together as civil partners of one another;”;

(iii)for sub-paragraph (bb) substitute—

“(bb)where it is alleged that the court has jurisdiction—

(i)under the Council Regulation, the grounds of jurisdiction under Article 3(1) of the Council Regulation.”;

(iv)after sub-paragraph (d) insert—

“(da)where it is alleged that the court should assume jurisdiction under section 229(1)(c) or (2)(c) of the Act of 2004, the facts and matters relied on in support of that assertion;”;

(v)in sub-paragraph (g), at the beginning, insert “in a matrimonial cause,”;

(vi)after sub-paragraph (g) insert—

“(ga)in a civil partnership cause, whether (to the knowledge of the petitioner) any other child now living has been born to either of the civil partners during the civil partnership and, if so, the full names (including surname) of the child and his date of birth or, if it be the case, that he is over 18;”;

(vii)in sub-paragraph (k)—

(aa)after “marriage”, in each place it appears, insert “or civil partnership”; and

(bb)in head (ii), for “decree or order” substitute “decree, civil partnership order or other order”;

(viii)in sub-paragraph (1)—

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

(bb)in head (v), at the beginning, insert “in a matrimonial cause,”; and

(cc)after head (v) insert—

“(vi)in a civil partnership cause, such other facts as may be relevant to the question whether the proceedings on the petition should be stayed under the Family Proceedings (Civil Partnership: Staying of Proceedings) Rules (Northern Ireland) 2005”;

(ix)for sub-paragraph (o) substitute—

“(o)In the case of—

(i)a petition for divorce, that the marriage has broken down irretrievably, or

(ii)a petition for dissolution, that the civil partnership has broken down irretrievably;”;

(x)in sub-paragraph (p), at the beginning, insert “in a matrimonial cause,”; and

(xi)after sub-paragraph (p) insert—

“(pa)in a civil partnership cause, the fact alleged by the petitioner for the purposes of section 168(5) of the Act of 2004 or, where the petition is not for a dissolution or separation order, the ground on which relief is sought, together in any case with brief particulars of the individual facts relied on but not the evidence by which they are to be proved;”;

(b)for paragraph 2 substitute—

“2.—(1) In a matrimonial cause, a petition for a decree of nullity under Article 14(e), (f) or (h) of the Order of 1978 shall state whether the petitioner was at the time of the marriage ignorant of the facts alleged.

(2) In a civil partnership cause, a petition for a nullity order under section 174 (1)(c) or (e) of the Act of 2004 shall state whether the petitioner was at the time of the civil partnership ignorant of the facts alleged.”; and

(c)for paragraph 3 substitute—

“3.  A petition for—

(a)a decree of presumption of death and dissolution of marriage, or

(b)an order for presumption of death and dissolution of civil partnership shall state—

(i)the last place at which the parties to the marriage or civil partnership, as the case may be, cohabited;

(ii)the circumstances in which the parties ceased to cohabit;

(iii)the date and place where the respondent was last seen or heard of; and

(iv)the steps which have been taken to trace the respondent.”.