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

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Amendment to the 1996 Rules

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44.  In rule 2.53 (Decree absolute on application)—

(a)in the heading, after “Decree absolute” insert “or final order”;

(b)in paragraph (1)—

(i)after “decree nisi to be made absolute” insert “or a conditional order to be made final”;

(ii)in sub-paragraph (a)—

(aa)at the beginning of the sub-paragraph insert “in a matrimonial cause”; and

(bb)omit the word “or”;

(iii)after sub-paragraph (a) insert—

“(aa)in a civil partnership cause where, within 6 weeks after a conditional order has been pronounced, the Crown Solicitor gives to the proper officer or chief clerk, as the case may be, and to the party in whose favour the conditional order was made a notice that he requires more time to decide whether to show cause against the conditional order being made final and the notice has not been withdrawn, or”;

(iv)in sub-paragraph (b), after “made absolute” insert “or the conditional order is made final”;

(v)after “sub-paragraph (a)” insert “or (aa)”;

(c)for paragraph (2) substitute—

“(2) An application—

(a)by a spouse for a decree nisi pronounced against him to be made absolute may be made to the judge or the Master by summons to be served on the other spouse not less than 7 clear days before the day on which the application is to be heard, or

(b)by a civil partner for a conditional order pronounced against him to be made final may be made to the judge or the Master by summons to be served on the other civil partner not less than 7 clear days before the day on which the application is heard.”.

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