Citation, commencement and interpretation

1.—(1) These Rules may be cited as the Family Procedure (Amendment No. 2) Rules 2017 and come into force on 7th August 2017.

(2) In these Rules, “the FPR 2010” means the Family Procedure Rules 2010(3).

Amendment of the FPR 2010

2.  The FPR 2010 are amended in accordance with rules 3 to 8.

Amendment of rule 8.23

3.  At the end of rule 8.23 (scope of this Chapter), following the words in parentheses, insert—

“(The Family Court (Composition and Distribution of Business) Rules 2014(4) make provision in relation to the allocation of the proceedings to which this Chapter applies to a specified level of judge in the family court.)”.

Substitution of rule 8.25

4.  For rule 8.25 (application without notice) substitute—

“Application without notice

8.25.—(1) The application must be made without notice to the respondent.

(2) Subject to paragraph (3), the court must determine the application without notice.

(3) The court may direct that the application be determined on notice to the respondent if the court considers that to be appropriate.”.

Omission of rule 8.28

5.  Omit rule 8.28 (direction that application be dealt with by a district judge of the principal registry).

Amendment of rule 9.5

6.  In rule 9.5 (where to start proceedings) omit paragraph (3) and the words in brackets which follow that paragraph.

Amendment of rule 9.15

7.  In rule 9.15 (duties of the court at the first appointment) for paragraph (4) substitute—

“(4) The court must direct that the case be referred to a FDR appointment unless—

(a)the first appointment or part of it has been treated as a FDR appointment and the FDR appointment has been effective; or

(b)there are exceptional reasons which make a referral to a FDR appointment inappropriate.”.

Amendment of rule 17.1

8.  In rule 17.1(1) (interpretation), omit paragraph (a).

Transitional provision

9.—(1) In this rule, “civil partnership order” and “matrimonial order” have the meanings given in rule 2.3 of the FPR 2010.

(2) The amendment made to the FPR 2010 by rule 8 applies to—

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

(b)an answer to an application for a matrimonial order or a civil partnership order,

that is filed with the court on or after 7th August 2017.

(3) Paragraph (4) applies where—

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

(b)an answer to an application for a matrimonial order or a civil partnership order,

is filed with the court in the period beginning on 7th August 2017 and ending on 4th September 2017.

(4) The application or answer may be filed as if the amendment to the FPR 2010 made by rule 8 had not been made.

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Family Procedure Rules 2010 (S.I. 2010/2955) (“the FPR 2010”).

Rule 3 inserts into rule 8.23 of the FPR 2010 a signpost to the Rules which deal with allocation in the family court of proceedings for financial provision following an overseas divorce or dissolution of a civil partnership. Rules 5 and 6 omit provision in rules 8.28 and 9.5 of the FPR 2010 relating to the allocation of such proceedings in the High Court.

Rule 4 amends the procedure in rule 8.25 of the FPR 2010 relating to applications for permission to apply for financial provision following an overseas divorce or dissolution of a civil partnership.

Rule 7 amends provision in rule 9.15 of the FPR 2010 relating to the holding of a Financial Dispute Resolution appointment (referred to in the FPR 2010 as “a FDR appointment”).

Rule 8 amends rule 17(1) of the FPR 2010 to require a statement of truth in certain matrimonial and civil partnership applications and answers to such applications.

Rule 9 makes transitional provision in relation to the amendment made by rule 8.

No impact assessment has been produced for these Rules, as no, or minimal, impact is anticipated to result from their provisions.