Statutory Rules of Northern Ireland

" Re-transfer of cause to divorce county court or civil partnership proceedings county court";

" Medical examination in proceedings for nullity of marriage";

" Lists in the designated county courts";

" Procedure for complying with Article 44 of the Order of 1978 or section 186 of the Act of 2004";

" Evidence of marriage or overseas relationship outside Northern Ireland";

" Application for recission of decree or conditional order";

" Application under Article 12(2) of the Order of 1978 or section 172(2) of the Act of 2004";

" Recission of decree nisi or conditional order by consent";

" Decree absolute or final order on lodging notice";

" Decree absolute or final order on application";

(i) after the definition of "the Order of 1999" insert—

(i) after "the Order of 1978" insert "or under section 175(3) of the Act of 2004";

(ii) after "nullity" insert "of marriage or civil partnership"; and

(iii) after "date of the marriage" insert "or formation of the civil partnership"; and

(b) in paragraph (2)—

(i) after "marriage" insert "or civil partnership"; and

(ii) in sub-paragraph (b), after "the Order of 1978" insert "or section 175(3) of the Act of 2004".

(i) after "nullity" insert "of marriage"; and

(ii) after "judicial separation" insert ", or for dissolution, nullity of civil partnership or separation,".

(a) in a matrimonial cause, to the High Court or, other than a petition under Article 21 of the Order of 1978, to any divorce county court, and

(b) in a civil partnership cause, to the High Court or, other than a petition under section 178 of the Act of 2004, to any civil partnership proceedings county court.";

(b) in paragraph (2), after "marriage" insert "or civil partnership";

(c) in paragraph (3)—

(i) for "Where" substitute "In a matrimonial cause, where"; and

(ii) for "disposed of by a final order" substitute "finally disposed of";

(d) after paragraph (3) insert—

" (i) in a matrimonial cause, in Form M5 with Form M6 attached, and

(ii) in a civil partnership cause, in Form M5A with Form M6A attached,"; and

(f) for paragraph (6) substitute—

(a) affix thereto the seal of the Matrimonial Office,

(b) enter the cause in the appropriate records, and

(c) annex to every copy of the petition for service a notice in Form M5 with Form M6 attached or in Form M5A with Form M6A attached, as the case may be,

and shall also annex to the copy petition for service on a respondent the copy of any statement and report filed pursuant to paragraph (4) of this rule.".

(a) for nullity of marriage under Article 14(g) of, or paragraph 18(1)(e) of Schedule 3 to, the Order of 1978, and

(b) for nullity of civil partnership under section 174(1)(d) of the Act of 2004.

    (2) The petitioner shall file with his petition a copy of an interim gender recognition certificate issued to him or to the respondent, as the case may be, unless otherwise directed on an application made ex parte.

    (3) The proper officer or chief clerk, as the case may be, shall give notice in writing to the Secretary of State of a petition to which this rule applies when it is presented under rule 2.6.

    (4) A notice in writing under paragraph (3) shall state the names of the parties to the petition, its case number and the court in which it is pending.

    (5) Where a copy of an interim gender recognition certificate has been filed under paragraph (2), the notice given under paragraph (3) shall be accompanied by a copy of that certificate.

    (6) Where a copy of the certificate has not been filed under paragraph (2), the notice given under paragraph (3) shall also state—

(a) in a matrimonial cause—


(i) the names of the parties to the marriage and the date and place of the marriage, and

(ii) the last address at which the parties to the marriage lived together as husband and wife;



(b) in a civil partnership cause—



(i) the names of the parties to the civil partnership and the date on and place at which the civil partnership was formed, and

(ii) the last address at which the parties to the civil partnership lived together as civil partners of each other; and



(c) in any case, such further particulars as the proper officer or chief clerk, as the case may be, considers appropriate.

(a) Article 14(g) of, or paragraph 18(1)(e) of Schedule 3 to, the Order of 1978 and an interim gender recognition certificate has been issued to the respondent; or

(b) Article 14(h) of the Order of 1978 and a full gender recognition certificate has been issued to the respondent.

    (2) This rule also applies where a petition for nullity of civil partnership is brought under—

(a) section 174(1)(d) of the Act of 2004 and an interim gender recognition certificate has been issued to the respondent; or

(b) section 174(1)(e) of the Act of 2004 and a full gender recognition certificate has been issued to the respondent.

    (3) Where the respondent returns an acknowledgement of service in Form M6 or Form M6A, as the case may be, to the court office, he shall file with it a copy of that interim certificate or that full certificate, as the case may be, unless otherwise directed on an application made ex parte.".

(i) after "decree" insert "or civil partnership order"; and

(ii) for "none of the other facts mentioned in Article 3(2) of the Order of 1978" substitute "no other relevant fact"; and

(d) after paragraph (2) insert—

(a) in a matrimonial cause, one of the facts mentioned in Article 3(2) of the Order of 1978, and

(b) in a civil partnership cause, one of the facts mentioned in section 168(5) of the Act of 2004.".

(i) after "the Order of 1978" insert "or section 171(1) of the Act of 2004, as the case may be,"; and

(ii) after "decree" insert "or civil partnership order";

(b) in paragraph (3), after "the Order of 1978" insert "or under section 174(1)(b) of the Act of 2004"; and

(c) in paragraph (4), for "divorce county court" substitute "designated county court".

(a) a decree of nullity of marriage under Article 14(g) of, or paragraph 18(1)(e) of Schedule 3 to, the Order of 1978, and

(b) an order for nullity of civil partnership under section 174(1)(d) of the Act of 2004.

    (2) The respondent shall file with his answer a copy of an interim gender recognition certificate issued to him or to the petitioner, as the case may be, unless otherwise directed on an application made ex parte.

    (3) The proper officer or chief clerk, as the case may be, shall give notice in writing to the Secretary of State of an answer to which this rule applies when it is filed.

    (4) A notice in writing under paragraph (3) shall state the names of the parties to the petition, its case number and the court in which it is pending.

    (5) Where a copy of an interim gender recognition certificate has been filed under paragraph (2), the notice under paragraph (3) shall be accompanied by a copy of that certificate.

    (6) Where a copy of the certificate has not been filed under paragraph (2), the notice given under paragraph (3) shall also state—

(a) in a matrimonial cause—


(i) the names of the parties to the marriage and the date and place of the marriage; and

(ii) the last address at which the parties to the marriage lived together as husband and wife; and



(b) in a civil partnership cause—



(i) the names of the parties to the civil partnership and the date on and place at which the civil partnership was formed, and

(ii) the last address at which the parties to the civil partnership lived together as civil partners of each other; and



(c) in any case, such further particulars as the proper officer or chief clerk, as the case may be, considers appropriate.

(a) Article 14(g) of, or paragraph 18(1)(e) of Schedule 3 to, the Order of 1978 and an interim gender recognition certificate has been issued to the petitioner; or

(b) Article 14(h) of the Order of 1978 and a full gender recognition certificate has been issued to the petitioner.

    (2) This rule also applies where an answer is filed under rule 2.14(1) which prays for an order of nullity of civil partnership under—

(a) section 174(1)(d) of the Act of 2004 and an interim gender recognition certificate has been issued to the petitioner; or

(b) section 174(1)(e) of the Act of 2004 and a full gender recognition certificate has been issued to the petitioner.

    (3) Where the petitioner files a reply under rule 2.15(1) to the answer, he shall file with it a copy of that interim certificate or that full certificate, as the case may be, unless otherwise directed on an application made ex parte.".

(i) after "husband or wife" insert "or a civil partner"; and

(ii) after "(g)" insert ", (ga)".

(i) for "An order under Article 9" substitute "A declaration under Article 17"; and

(ii) for "Article 11" substitute "Article 19".

(i) for sub-paragraph (a) substitute—

" (a) there are no children of the family to whom—


(i) in a matrimonial cause, Article 44 of the Order of 1978 applies; or

(ii) in a civil partnership cause, section 186 of the Act of 2004 applies, or"; and



(ii) in sub-paragraph (b), for "any directions under Article 44 of the Order of 1978" substitute "a relevant direction";

(d) in paragraph (3), for "Article 44 of the Order of 1978" substitute "his power to give a relevant direction";

(e) in paragraph (4), for "direction under Article 44(2) of the Order of 1978" substitute "relevant direction"; and

(f) for paragraph (5) substitute—

(a) parties means the petitioner, the respondent and any person who appears to the court to have the care of the child; and

(b) "relevant direction" means a direction—


(i) in a matrimonial cause, under Article 44(2) of the Order of 1978, and

(ii) in a civil partnership cause, under section 186(2) of the Act of 2004.".

(a) a certificate or similar document issued under the law in force in that country evidencing its formation; or

(b) a certified copy of an entry in a register of such relationships kept under the law in force in that country.";

(c) in paragraph (2), after "(1)" insert "or (1A)"; and

(d) in paragraph (3), after "marriage" insert "or the existence of an overseas relationship which is not a marriage".

(e) After paragraph (3) insert—

(i) for "every order made in open court" substitute "every civil partnership order, every other order made in open court"; and

(ii) in sub-paragraph (b), for "divorce county court" substitute "designated county court"; and

(b) in paragraph (2)—

(i) after "decree" insert "or civil partnership order"; and

(ii) for "divorce county court" substitute "designated county court".

(a) under Article 12(1) of the Order of 1978 for the rescission of a decree of divorce, or

(b) under section 172(1) of the Act of 2004 for the rescission of a conditional order of dissolution,

shall be made to a judge and shall be heard in open court.".

(i) after "for divorce" insert "or dissolution"; and

(ii) for "the divorce" substitute "that divorce or dissolution";

(c) in paragraph (5), after "the Order of 1978" insert "or section 172(2) of the Act of 2004";

(d) in paragraph (7), for "A statement of any of the matters" substitute "In a matrimonial cause, a statement of any of the matters"; and

(e) after paragraph (7) insert—

(i) a decree nisi should not be made absolute, or

(ii) a conditional order should not be made final,



he shall give notice to that effect to the proper officer or chief clerk, as the case may be, and to the party in whose favour it was pronounced, and, if the cause is pending in a designated county court, the Master shall thereupon order it to be transferred to the High Court.";

(b) in paragraph (2)—

(i) after "the decree", the first time it appears, insert "or civil partnership order, as the case may be,"; and

(ii) for "the decree", the second time it appears, substitute "that decree or order";

(c) in paragraph (5), after "decree nisi" insert "or conditional order";

(d) in paragraph (6)—

(i) after "decree nisi" insert "or the conditional order"; and

(ii) after "decree absolute" insert "or the conditional order final";

(e) in paragraph (7)—

(i) after "decree nisi" insert "or the conditional order"; and

(ii) after "decree" insert "or conditional order, as the case may be,"; and

(f) in paragraph (8)—

(i) after "the decree" insert "or order"; and

(ii) in sub-paragraph (a), after "decree nisi" insert "or the conditional order, as the case may be".

(a) under Article 11 of the Order of 1978 why a decree nisi should not be made absolute, or

(b) under section 164 of the Act of 2004 why a conditional order should not be made final,

he shall file an affidavit stating the facts on which he relies and a copy shall be served on the party in whose favour the decree or conditional order, as the case may be, was pronounced.";

(a) in a matrimonial cause—


(i) after a decree nisi has been pronounced but before it has been made absolute, or

(ii) after a decree of judicial separation has been pronounced; and



(b) in a civil partnership cause—



(i) after a conditional order has been made but before it has been made final, or

(ii) after a separation order has been made,



either party may apply for an order rescinding that decree or order by consent."; and

(c) in paragraph (2)—

(i) for "divorce county court" substitute "designated county court";

(ii) after "spouse" insert "or civil partner, as the case may be,"; and

(iii) after "decree" insert "or civil partnership order".

(a) a spouse to make absolute a decree nisi pronounced in his favour, or

(b) a civil partner to make final a conditional order made in his favour,

may be made by lodging with the proper officer or chief clerk, as the case may be, notice in Form M10.";

(i) in sub-paragraph (a), after "decree", in each place it appears, insert "or the conditional order";

(ii) in sub-paragraph (b), after "decree" insert "or the conditional order";

(iii) in sub-paragraph (e), at the beginning of the sub-paragraph insert "if the cause is a matrimonial cause,";

(iv) after sub-paragraph (e) insert—

" (ea) if the cause is a civil partnership cause, that the court has complied with section 186(1) of the Act of 2004 and has not given any direction under section 186(2) of that Act;";

(v) in sub-paragraph (f)—


(aa) after "decree" insert "or the conditional order, as the case may be"; and

(bb) in head (iii) omit "and";



(vi) in sub-paragraph (g)—



(aa) at the beginning insert "if the cause is a matrimonial cause,"; and

(bb) for "with," substitute "with";



(vii) after sub-paragraph (g) insert—

" (h) if the cause is a civil partnership cause, that the provisions of section 172(2) to (5) of the Act of 2004 do not apply or have been complied with;


(i) where the decree nisi was pronounced on the ground in Article 14(g) of, or paragraph 18(1)(e) of Schedule 3 to, the Order of 1978—

(i) that there is not pending a reference under section 8(5) of the Gender Recognition Act 2004 in respect of the application on which the interim gender recognition certificate to which the petition relates was granted;

(ii) that that interim certificate has not been revoked under section 8(6)(b) of that Act; and

(iii) that no appeal is pending against an order under section 8(6)(a) of that Act.".



(viii) after "decree absolute", the first time it appears, insert "or the conditional order final"; and

(ix) in the part of paragraph (2) which begins "Provided that"—



(aa) after "decree nisi" insert "or the conditional order"; and

(bb) after "decree absolute" insert "or the conditional order final".

(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—

(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.".

(a) send to the petitioner and respondent a certificate in Form M11A or M12A, authenticated by the appropriate seal, and

(b) if the case is pending in a civil partnership proceedings county court, notify the Matrimonial Office.

" (aa) an order for maintenance pending outcome of proceedings,".

" (b) in the case of an application for a variation of settlement order—


(i) of all settlements—



(a) in a matrimonial cause, whether ante-nuptial or post-nuptial, made on the spouses, or

(b) in a civil partnership cause, whether prior to or after the formation of the civil partnership, and



(ii) of the funds brought into settlement by each spouse or civil partner, as the case may be;"

(i) after "nullity of marriage" insert "or a conditional order of dissolution or nullity of civil partnership";

(ii) after "maintenance pending suit", the first time it appears, insert "or maintenance pending outcome of proceedings, as the case may be,"; and

(iii) after "maintenance pending suit", the second time it appears, insert "or outcome of proceedings";

(c) in paragraph (2), after "spouse" insert "or civil partner, as the case may be,"; and

(d) in paragraph (3), after "spouse", in each place it appears, insert "or civil partner".

" (d) whether either party has subsequently married or formed a civil partnership or has any present intention to do so or to cohabit with another person;"; and

(d) in sub-paragraph (dd), after "the Order of 1978" insert "or under paragraphs 10, 20 and 21 of Schedule 15 to the Act of 2004".

(a) in a matrimonial cause, the party with pension rights, and

(b) in a civil partnership cause, the civil partner with pension rights,

" An application under Article 29 of the Order of 1978 by a party to a marriage or under Part 8 of Schedule 15 to the Act of 2004 by a party to a civil partnership who alleges that the other party to the marriage or the civil partnership, as the case may be";

(i) in sub-paragraph (a), after "date of the marriage" insert ", or the names of the parties to the civil partnership and the place at and date on which they formed their civil partnership, as the case may be;"; and

(ii) in sub-paragraph (c)—


(aa) after "marriage", the first time it appears, insert "or civil partnership"; and

(bb) for "marriage", the second time it appears, substitute "family"; and

(cc) for "decree or order", in each place it appears, substitute "decree, civil partnership order or other order"; and

(dd) after "marriage", the third time it appears, insert "or civil partnership"; and

(d) in paragraph (5), for "Where" substitute "In matrimonial proceedings, where".

(i) after "the Order of 1978" insert "or paragraph 34(3) of Schedule 15 to the Act of 2004, as the case may be;" and

(ii) after "marriage" insert "or civil partnership"; and

(d) in paragraph (6), after "the Order of 1978" insert "or Part 8 of Schedule 15 to the Act of 2004, as the case may be.".

(i) for sub-paragraph (b) substitute—

" (b) the date and place of the marriage between the parties to the agreement, or the place at and date on which they formed their civil partnership, as the case may be;"; and

(ii) in sub-paragraph (d), after "to the marriage" insert "or civil partnership, as the case may be,".

(i) for sub-paragraph (b) substitute—

" (b) the place and date of the marriage between the parties to the agreement, or the place at and date on which they formed their civil partnership, as the case may be;"; and

(ii) in sub-paragraph (d)—


(aa) after "to the marriage" insert "or civil partnership, as the case may be,"; and

(bb) for "order or decree" substitute "order, decree or civil partnership order".

(i) for "under Part IV of the Order of 1989" substitute "to which this rule applies"; and

(ii) omit the words from "stating the facts" to the end of the paragraph;

(c) after paragraph (1) insert—

(a) in the case of an application under the Order of 1989, to the matters set out in Article 20(2) of that Order, and

(b) in the case of an application under the Act of 2004, to the matters set out in paragraph 8(3) of Schedule 17 to that Act.";

(d) in paragraph (2)—

(i) after "by means of which the marriage" insert "or civil partnership, as the case may be,";

(ii) after "marriage", the second time it appears, insert "or civil partnership";

(iii) for sub-paragraph (a), substitute—

" (a) in the case of an application under Part IV of the Order of 1989, the names of the parties to the marriage and the date and place of the marriage;


(aa) in the case of an application under the Act of 2004, the names of the parties to the civil partnership and the date and place of the formation of the civil partnership;";



(iv) in sub-paragraph (b), after "to the marriage" insert "or civil partnership, as the case may be";

(v) for sub-paragraph (d) substitute—

" (d) whether either party to the marriage or civil partnership has subsequently married or formed a civil partnership;";

(vi) in sub-paragraph (f), for "under Part IV of the Order of 1989." substitute ","; and

(vii) after that sub-paragraph insert—

" (g) this rule and rule 3.13 apply to an application for financial relief under—


(i) Part IV of the Order of 1989; and

(ii) Schedule 17 to the Act of 2004.".

(i) omit "under Article 18 of the Order of 1989";

(ii) omit "under Article 27 of that Order"; and

(iii) for "an order under the said Article 27" substitute "an avoidance of transaction order";

(e) in paragraph (7), after "the Order of 1989" insert "or under paragraph 13 of Schedule 17 to the Act of 2004";

(f) in paragraph (8)—

(a) the respondent is a party to a cause in which the petition or answer prays for a decree of nullity of marriage under Article 14(g) of, or paragraph 18(1)(e) of Schedule 3 to, the Order of 1978 or for an order for nullity of civil partnership under section 174(1)(d) of the Act of 2004, he shall—


(i) give particulars of those proceedings in the originating motion, and

(ii) serve the originating motion on the court in which that petition is pending (where he has sufficient information to do so);



(b) a full gender recognition certificate has been issued to the respondent under section 5(1) of the Gender Recognition Act 2004, he shall give particulars of this in the originating motion.

    (5) A copy of any order of the court made on the reference shall be served on—

(a) the parties,

(b) the President of Gender Recognition Panels,

(c) where sufficient particulars have been provided under paragraph (4)(a)(i), on the court in which any such cause is pending,

and may be served on such other persons as the court thinks fit".

" (ii) such of the supplemental Forms C10 or C11 to C17 as may be appropriate; and

(iii) in the case of an application for an Article 8 order where question 6A on Form C1, or question 3A on Form C2, is answered in the affirmative, supplemental Form C1A; or"; and

(c) in paragraph (3)(c), after "as are appropriate" insert ", and, in the case of an application for an Article 8 order, Form C1A".

(a) Article 14(g) or (h) of, or paragraph 18(1)(e) of Schedule 3 to, the Order of 1978;

(b) section 174(1)(d) or (e) of the Act of 2004; and

(c) the Gender Recognition Act 2004.

    (2) Documents to which this rule applies shall, while they are in the custody of the court, be kept in a place of special security.".

" "civil partnership order" means an order made in civil partnership proceedings for the periodical payment of money;".

(i) after "recognition" insert "or non-recognition"; and

(ii) for "Article 21(2)" substitute "Article 28(2)".

(i) after "judgment" insert "or certificate"; and

(ii) for "Article 32(1)" substitute "Articles 37(1) or 45(1)";

(c) in paragraph (2)—

(i) omit "such";

(ii) after "application" insert "for a certified copy of a judgment"; and

(d) after paragraph (2), insert—

(a) particulars of the proceedings in which the judgment was obtained;

(b) the full name, country and place of birth and date of birth of the parties;

(c) details of the type of certificate applied for and the reasons for making the application; and

(d) where the application is for a certificate under Annex II to the Council Regulation—


(i) the full name, and if known, the address and the date and place of birth of any other person with parental responsibility; and

(ii) information as to whether or not the judgment entails the return of a child wrongfully removed or retained in another Member State and if so, the full name and address of the person to whom the child should be returned.".

(a) to the court in which the relevant parental responsibility proceedings are pending; and

(b) the application shall be made by notice to attend before the judge on a day specified in the notice and such notice shall be filed and served on the respondents not less than 5 days before the hearing of the application.

(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—

(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

" [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]";

" [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]";

(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]";

" [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

" [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

" [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]";

(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]";

" [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

(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";

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

(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.";

(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".

(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—

(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.".

(i) to state if either party to a marriage has remarried shall be read as also requiring him to indicate if either party has entered into a civil partnership; and

(ii) to state if either party has any intention to marry or remarry shall be read as also requiring him to indicate if either party has any intention to enter into a civil partnership.