The Family Proceedings Rules (Northern Ireland) 1996

Changes over time for: Section 3.35

Alternative versions:

25/07/2011- Amendment

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Family Proceedings Rules (Northern Ireland) 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations.

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Changes and effects yet to be applied to Rule 3.35:

rule 2.29A omitted by S.R. 2019/235 rule 2(3)
rule 2.54A(2)(b) word substituted by S.R. 2016/301 rule 2(17)
arrangement of rules words omitted by S.R. 2019/235 rule 2(1)(a)
arrangement of rules words omitted by S.R. 2019/235 rule 2(1)(b)
arrangement of rules words omitted by S.R. 2019/235 rule 2(1)(c)
arrangement of rules words omitted by S.R. 2019/235 rule 2(1)(d)
arrangement of rules words omitted by S.R. 2019/235 rule 2(1)(e)
Appendix 1 Form SM inserted by S.R. 2022/254 Sch.
Appendix 1 Form M8 word substituted by S.R. 2016/301 rule 2(32)(b)
Appendix 1 Table of Contents words inserted by S.R. 2022/254 rule 5
Appendix 1 Form A1 words omitted by S.R. 2016/301 rule 2(32)(k)
Appendix 1 Form A2 words omitted by S.R. 2016/301 rule 2(32)(k)
Appendix 1 Form C1-C3 words omitted by S.R. 2016/301 rule 2(32)(d)
Appendix 1 Form C3A words omitted by S.R. 2016/301 rule 2(32)(e)
Appendix 1 Form C4 words omitted by S.R. 2016/301 rule 2(32)(f)
Appendix 1 Form C6-C17 words omitted by S.R. 2016/301 rule 2(32)(f)
Appendix 1 Form C20-C42 words omitted by S.R. 2016/301 rule 2(32)(f)
Appendix 1 Form C43 words omitted by S.R. 2016/301 rule 2(32)(g)
Appendix 1 Form F1-F8 words omitted by S.R. 2016/301 rule 2(32)(h)
Appendix 1 Form F9 words omitted by S.R. 2016/301 rule 2(32)(i)
Appendix 1 Form F10 words omitted by S.R. 2016/301 rule 2(32)(j)
Appendix 1 Form F11 words omitted by S.R. 2016/301 rule 2(32)(j)
Appendix 1 Form F13-F17 words omitted by S.R. 2016/301 rule 2(32)(j)
Appendix 1 Form M1-M4 words omitted by S.R. 2016/301 rule 2(32)(a)
Appendix 1 Form M18 words omitted by S.R. 2016/301 rule 2(32)(c)
Appendix 1 Form M20 words omitted by S.R. 2016/301 rule 2(32)(c)
Appendix 1 Form M21 words omitted by S.R. 2016/301 rule 2(32)(c)
Appendix 1 Form M26 words omitted by S.R. 2016/301 rule 2(32)(c)
Appendix 1 Form M26A words omitted by S.R. 2016/301 rule 2(32)(c)
Appendix 1 Form M5 words omitted by S.R. 2019/235 rule 2(38)(a)
Appendix 1 Form M6 words omitted by S.R. 2019/235 rule 2(38)(b)
rule 1.03(1) words omitted by S.R. 2019/235 rule 2(2)
Appendix 2 para. 1(bb)(i) inserted by S.R. 2019/235 rule 2(39)(a)
Appendix 2 para. 1(c) words omitted by S.R. 2019/235 rule 2(39)(b)
Appendix 2 para. 1(d) words omitted by S.R. 2019/235 rule 2(39)(c)
rule 2.6(1)(a) word substituted by S.R. 2016/301 rule 2(2)(a)
rule 2.6(1)(b) word substituted by S.R. 2016/301 rule 2(2)(b)
rule 2.69(4) words omitted by S.R. 2016/301 rule 2(22)(b)
rule 4.29 heading words omitted by S.R. 2019/235 rule 2(5)(a)
rule 4.33 heading words omitted by S.R. 2019/235 rule 2(9)(a)
rule 4.34 heading words omitted by S.R. 2019/235 rule 2(10)(a)
rule 4.35 heading words omitted by S.R. 2019/235 rule 2(11)(a)
rule 4.35 words omitted by S.R. 2019/235 rule 2(11)(b)
rule 4.38 heading words omitted by S.R. 2019/235 rule 2(14)(a)
rule 4.28(1) words omitted by S.R. 2019/235 rule 2(4)(a)(i)
rule 4.28(1) words omitted by S.R. 2019/235 rule 2(4)(a)(ii)
rule 4.28(1) words omitted by S.R. 2019/235 rule 2(4)(a)(iii)
rule 4.29(1) words omitted by S.R. 2019/235 rule 2(5)(b)
rule 4.30(1) words omitted by S.R. 2019/235 rule 2(6)(a)
rule 4.31(1) words omitted by S.R. 2019/235 rule 2(7)(a)
rule 4.31(1) words omitted by S.R. 2019/235 rule 2(7)(b)
rule 4.32(1) words omitted by S.R. 2019/235 rule 2(8)
rule 4.33(1) words omitted by S.R. 2019/235 rule 2(9)(b)(i)
rule 4.33(1) words omitted by S.R. 2019/235 rule 2(9)(b)(ii)
rule 4.33(1) words omitted by S.R. 2019/235 rule 2(9)(b)(iii)
rule 4.34(1) words omitted by S.R. 2019/235 rule 2(10)(b)
rule 4.36(1) words omitted by S.R. 2019/235 rule 2(12)
rule 4.38(1) words omitted by S.R. 2019/235 rule 2(14)(b)
rule 4.37(1)(a) and word omitted by S.R. 2019/235 rule 2(13)(a)
rule 4.30(1)(a) words omitted by S.R. 2019/235 rule 2(6)(b)
rule 4.30(1)(b) words omitted by S.R. 2019/235 rule 2(6)(c)
rule 4.28(2) words inserted by S.R. 2019/235 rule 2(4)(b)
rule 4.34(2) words omitted by S.R. 2019/235 rule 2(10)(c)
rule 4.37(2) words omitted by S.R. 2019/235 rule 2(13)(b)
rule 4.30(3) substituted by S.R. 2019/235 rule 2(6)(d)
rule 4.29(3) words omitted by S.R. 2019/235 rule 2(5)(c)(i)
rule 4.29(3) words omitted by S.R. 2019/235 rule 2(5)(c)(ii)
rule 4.29(3) words omitted by S.R. 2019/235 rule 2(5)(c)(iii)
rule 4.37(3) words omitted by S.R. 2019/235 rule 2(13)(b)
rule 4.38(4) word omitted by S.R. 2019/235 rule 2(14)(c)
rule 4.33(4) words omitted by S.R. 2019/235 rule 2(9)(c)
rule 4.34(4) words omitted by S.R. 2019/235 rule 2(10)(d)
rule 4.29(5) words omitted by S.R. 2019/235 rule 2(5)(d)
rule 4A.1 words omitted by S.R. 2016/301 rule 2(25)
rule 5.3(2) words omitted by S.R. 2016/301 rule 2(27)
rule 7.8B inserted by S.R. 2022/254 rule 4
rule 8.37 omitted by S.R. 2019/235 rule 2(19)
rule 8.38 omitted by S.R. 2019/235 rule 2(19)
rule 8.42 omitted by S.R. 2019/235 rule 2(21)
rule 8.43 omitted by S.R. 2019/235 rule 2(21)
rule 8.46 omitted by S.R. 2019/235 rule 2(24)
rule 8.57 omitted by S.R. 2019/235 rule 2(33)
rule 8.58 omitted by S.R. 2019/235 rule 2(33)
rule 8.60 omitted by S.R. 2019/235 rule 2(35)
rule 8.61 omitted by S.R. 2019/235 rule 2(35)
rule 8.62 omitted by S.R. 2019/235 rule 2(35)
rule 8.64-8.68 omitted by S.R. 2019/235 rule 2(37)
rule 8.33 word omitted by S.R. 2019/235 rule 2(15)(b)
rule 8.33 heading words omitted by S.R. 2019/235 rule 2(15)(a)
rule 8.48 words omitted by S.R. 2019/235 rule 2(26)
rule 8.51 words omitted by S.R. 2019/235 rule 2(28)(a)
rule 8.51 words omitted by S.R. 2019/235 rule 2(28)(b)
rule 8.63 words omitted by S.R. 2019/235 rule 2(36)
rule 8.33(a) omitted by S.R. 2019/235 rule 2(15)(b)
rule 8.59(a)(i) substituted by S.R. 2019/235 rule 2(34)
rule 8.34(b) words omitted by S.R. 2019/235 rule 2(16)(a)
rule 8.33(c) and word omitted by S.R. 2019/235 rule 2(15)(b)
rule 8.34(c)(i)(ii) and word omitted by S.R. 2019/235 rule 2(16)(b)(i)
rule 8.34(c)(iii) words omitted by S.R. 2019/235 rule 2(16)(b)(ii)
rule 8.34(d) omitted by S.R. 2019/235 rule 2(16)(c)
rule 8.34(e) omitted by S.R. 2019/235 rule 2(16)(c)
rule 8.34(f)(i) and word omitted by S.R. 2019/235 rule 2(16)(d)
rule 8.34(g) omitted by S.R. 2019/235 rule 2(16)(e)
rule 8.35(1) words omitted by S.R. 2019/235 rule 2(17)(a)
rule 8.44(1) words omitted by S.R. 2019/235 rule 2(22)
rule 8.45(1) words omitted by S.R. 2019/235 rule 2(23)
rule 8.47(1) words omitted by S.R. 2019/235 rule 2(25)(a)(i)
rule 8.47(1) words omitted by S.R. 2019/235 rule 2(25)(a)(ii)
rule 8.56(1) words omitted by S.R. 2019/235 rule 2(32)
rule 8.54(1)(a) words omitted by S.R. 2019/235 rule 2(31)
rule 8.53(1)(b) words omitted by S.R. 2019/235 rule 2(30)(a)
rule 8.39(1)(f)(g) subsistuted for rule 8.39(1)(f) by S.R. 2019/235 rule 2(20)
rule 8.53(2) omitted by S.R. 2019/235 rule 2(30)(b)
rule 8.35(2) words omitted by S.R. 2019/235 rule 2(17)(b)(i)
rule 8.35(2) words omitted by S.R. 2019/235 rule 2(17)(b)(ii)
rule 8.36(3) words omitted by S.R. 2019/235 rule 2(18)
rule 8.52(3) words omitted by S.R. 2019/235 rule 2(29)(a)
rule 8.52(3) words omitted by S.R. 2019/235 rule 2(29)(b)
rule 8.53(3) words omitted by S.R. 2019/235 rule 2(30)(c)
rule 8.47(3)(b)(ii) word inserted by S.R. 2019/235 rule 2(25)(b)
rule 8.47(4) words omitted by S.R. 2019/235 rule 2(25)(c)
rule 8.50(4) words omitted by S.R. 2019/235 rule 2(27)(a)
rule 8.50(4) words omitted by S.R. 2019/235 rule 2(27)(b)
rule 8.47(6) omitted by S.R. 2019/235 rule 2(25)(d)
rule 8.47(7) words omitted by S.R. 2019/235 rule 2(25)(e)
rule 8.47(8) omitted by S.R. 2019/235 rule 2(25)(f)

Changes and effects yet to be applied to the whole Rule associated Parts and Chapters:

Whole provisions yet to be inserted into this Rule (including any effects on those provisions):

rule 2.29A omitted by S.R. 2019/235 rule 2(3)
rule 2.54A(2)(b) word substituted by S.R. 2016/301 rule 2(17)
Appendix 1 Form SM inserted by S.R. 2022/254 Sch.
Appendix 1 Form M8 word substituted by S.R. 2016/301 rule 2(32)(b)
Appendix 1 Table of Contents words inserted by S.R. 2022/254 rule 5
Appendix 1 Form A1 words omitted by S.R. 2016/301 rule 2(32)(k)
Appendix 1 Form A2 words omitted by S.R. 2016/301 rule 2(32)(k)
Appendix 1 Form C1-C3 words omitted by S.R. 2016/301 rule 2(32)(d)
Appendix 1 Form C3A words omitted by S.R. 2016/301 rule 2(32)(e)
Appendix 1 Form C4 words omitted by S.R. 2016/301 rule 2(32)(f)
Appendix 1 Form C6-C17 words omitted by S.R. 2016/301 rule 2(32)(f)
Appendix 1 Form C20-C42 words omitted by S.R. 2016/301 rule 2(32)(f)
Appendix 1 Form C43 words omitted by S.R. 2016/301 rule 2(32)(g)
Appendix 1 Form F1-F8 words omitted by S.R. 2016/301 rule 2(32)(h)
Appendix 1 Form F9 words omitted by S.R. 2016/301 rule 2(32)(i)
Appendix 1 Form F10 words omitted by S.R. 2016/301 rule 2(32)(j)
Appendix 1 Form F11 words omitted by S.R. 2016/301 rule 2(32)(j)
Appendix 1 Form F13-F17 words omitted by S.R. 2016/301 rule 2(32)(j)
Appendix 1 Form M1-M4 words omitted by S.R. 2016/301 rule 2(32)(a)
Appendix 1 Form M18 words omitted by S.R. 2016/301 rule 2(32)(c)
Appendix 1 Form M20 words omitted by S.R. 2016/301 rule 2(32)(c)
Appendix 1 Form M21 words omitted by S.R. 2016/301 rule 2(32)(c)
Appendix 1 Form M26 words omitted by S.R. 2016/301 rule 2(32)(c)
Appendix 1 Form M26A words omitted by S.R. 2016/301 rule 2(32)(c)
Appendix 1 Form M5 words omitted by S.R. 2019/235 rule 2(38)(a)
Appendix 1 Form M6 words omitted by S.R. 2019/235 rule 2(38)(b)
rule 1.03(1) words omitted by S.R. 2019/235 rule 2(2)
Appendix 2 para. 1(bb)(i) inserted by S.R. 2019/235 rule 2(39)(a)
Appendix 2 para. 1(c) words omitted by S.R. 2019/235 rule 2(39)(b)
Appendix 2 para. 1(d) words omitted by S.R. 2019/235 rule 2(39)(c)
rule 2.6(1)(a) word substituted by S.R. 2016/301 rule 2(2)(a)
rule 2.6(1)(b) word substituted by S.R. 2016/301 rule 2(2)(b)
rule 2.69(4) words omitted by S.R. 2016/301 rule 2(22)(b)
rule 4.29 heading words omitted by S.R. 2019/235 rule 2(5)(a)
rule 4.33 heading words omitted by S.R. 2019/235 rule 2(9)(a)
rule 4.34 heading words omitted by S.R. 2019/235 rule 2(10)(a)
rule 4.35 heading words omitted by S.R. 2019/235 rule 2(11)(a)
rule 4.35 words omitted by S.R. 2019/235 rule 2(11)(b)
rule 4.38 heading words omitted by S.R. 2019/235 rule 2(14)(a)
rule 4.28(1) words omitted by S.R. 2019/235 rule 2(4)(a)(i)
rule 4.28(1) words omitted by S.R. 2019/235 rule 2(4)(a)(ii)
rule 4.28(1) words omitted by S.R. 2019/235 rule 2(4)(a)(iii)
rule 4.29(1) words omitted by S.R. 2019/235 rule 2(5)(b)
rule 4.30(1) words omitted by S.R. 2019/235 rule 2(6)(a)
rule 4.31(1) words omitted by S.R. 2019/235 rule 2(7)(a)
rule 4.31(1) words omitted by S.R. 2019/235 rule 2(7)(b)
rule 4.32(1) words omitted by S.R. 2019/235 rule 2(8)
rule 4.33(1) words omitted by S.R. 2019/235 rule 2(9)(b)(i)
rule 4.33(1) words omitted by S.R. 2019/235 rule 2(9)(b)(ii)
rule 4.33(1) words omitted by S.R. 2019/235 rule 2(9)(b)(iii)
rule 4.34(1) words omitted by S.R. 2019/235 rule 2(10)(b)
rule 4.36(1) words omitted by S.R. 2019/235 rule 2(12)
rule 4.38(1) words omitted by S.R. 2019/235 rule 2(14)(b)
rule 4.37(1)(a) and word omitted by S.R. 2019/235 rule 2(13)(a)
rule 4.30(1)(a) words omitted by S.R. 2019/235 rule 2(6)(b)
rule 4.30(1)(b) words omitted by S.R. 2019/235 rule 2(6)(c)
rule 4.28(2) words inserted by S.R. 2019/235 rule 2(4)(b)
rule 4.34(2) words omitted by S.R. 2019/235 rule 2(10)(c)
rule 4.37(2) words omitted by S.R. 2019/235 rule 2(13)(b)
rule 4.30(3) substituted by S.R. 2019/235 rule 2(6)(d)
rule 4.29(3) words omitted by S.R. 2019/235 rule 2(5)(c)(i)
rule 4.29(3) words omitted by S.R. 2019/235 rule 2(5)(c)(ii)
rule 4.29(3) words omitted by S.R. 2019/235 rule 2(5)(c)(iii)
rule 4.37(3) words omitted by S.R. 2019/235 rule 2(13)(b)
rule 4.38(4) word omitted by S.R. 2019/235 rule 2(14)(c)
rule 4.33(4) words omitted by S.R. 2019/235 rule 2(9)(c)
rule 4.34(4) words omitted by S.R. 2019/235 rule 2(10)(d)
rule 4.29(5) words omitted by S.R. 2019/235 rule 2(5)(d)
rule 4A.1 words omitted by S.R. 2016/301 rule 2(25)
rule 5.3(2) words omitted by S.R. 2016/301 rule 2(27)
rule 7.8B inserted by S.R. 2022/254 rule 4
rule 8.37 omitted by S.R. 2019/235 rule 2(19)
rule 8.38 omitted by S.R. 2019/235 rule 2(19)
rule 8.42 omitted by S.R. 2019/235 rule 2(21)
rule 8.43 omitted by S.R. 2019/235 rule 2(21)
rule 8.46 omitted by S.R. 2019/235 rule 2(24)
rule 8.57 omitted by S.R. 2019/235 rule 2(33)
rule 8.58 omitted by S.R. 2019/235 rule 2(33)
rule 8.60 omitted by S.R. 2019/235 rule 2(35)
rule 8.61 omitted by S.R. 2019/235 rule 2(35)
rule 8.62 omitted by S.R. 2019/235 rule 2(35)
rule 8.64-8.68 omitted by S.R. 2019/235 rule 2(37)
rule 8.33 word omitted by S.R. 2019/235 rule 2(15)(b)
rule 8.33 heading words omitted by S.R. 2019/235 rule 2(15)(a)
rule 8.48 words omitted by S.R. 2019/235 rule 2(26)
rule 8.51 words omitted by S.R. 2019/235 rule 2(28)(a)
rule 8.51 words omitted by S.R. 2019/235 rule 2(28)(b)
rule 8.63 words omitted by S.R. 2019/235 rule 2(36)
rule 8.33(a) omitted by S.R. 2019/235 rule 2(15)(b)
rule 8.59(a)(i) substituted by S.R. 2019/235 rule 2(34)
rule 8.34(b) words omitted by S.R. 2019/235 rule 2(16)(a)
rule 8.33(c) and word omitted by S.R. 2019/235 rule 2(15)(b)
rule 8.34(c)(i)(ii) and word omitted by S.R. 2019/235 rule 2(16)(b)(i)
rule 8.34(c)(iii) words omitted by S.R. 2019/235 rule 2(16)(b)(ii)
rule 8.34(d) omitted by S.R. 2019/235 rule 2(16)(c)
rule 8.34(e) omitted by S.R. 2019/235 rule 2(16)(c)
rule 8.34(f)(i) and word omitted by S.R. 2019/235 rule 2(16)(d)
rule 8.34(g) omitted by S.R. 2019/235 rule 2(16)(e)
rule 8.35(1) words omitted by S.R. 2019/235 rule 2(17)(a)
rule 8.44(1) words omitted by S.R. 2019/235 rule 2(22)
rule 8.45(1) words omitted by S.R. 2019/235 rule 2(23)
rule 8.47(1) words omitted by S.R. 2019/235 rule 2(25)(a)(i)
rule 8.47(1) words omitted by S.R. 2019/235 rule 2(25)(a)(ii)
rule 8.56(1) words omitted by S.R. 2019/235 rule 2(32)
rule 8.54(1)(a) words omitted by S.R. 2019/235 rule 2(31)
rule 8.53(1)(b) words omitted by S.R. 2019/235 rule 2(30)(a)
rule 8.39(1)(f)(g) subsistuted for rule 8.39(1)(f) by S.R. 2019/235 rule 2(20)
rule 8.53(2) omitted by S.R. 2019/235 rule 2(30)(b)
rule 8.35(2) words omitted by S.R. 2019/235 rule 2(17)(b)(i)
rule 8.35(2) words omitted by S.R. 2019/235 rule 2(17)(b)(ii)
rule 8.36(3) words omitted by S.R. 2019/235 rule 2(18)
rule 8.52(3) words omitted by S.R. 2019/235 rule 2(29)(a)
rule 8.52(3) words omitted by S.R. 2019/235 rule 2(29)(b)
rule 8.53(3) words omitted by S.R. 2019/235 rule 2(30)(c)
rule 8.47(3)(b)(ii) word inserted by S.R. 2019/235 rule 2(25)(b)
rule 8.47(4) words omitted by S.R. 2019/235 rule 2(25)(c)
rule 8.50(4) words omitted by S.R. 2019/235 rule 2(27)(a)
rule 8.50(4) words omitted by S.R. 2019/235 rule 2(27)(b)
rule 8.47(6) omitted by S.R. 2019/235 rule 2(25)(d)
rule 8.47(7) words omitted by S.R. 2019/235 rule 2(25)(e)
rule 8.47(8) omitted by S.R. 2019/235 rule 2(25)(f)

Setting down for hearingN.I.

3.35.—(1) The petitioner shall request the Master to enter the cause for hearing by lodging in the county court office or the Matrimonial Office, as the case may be, a certificate of readiness in Form M33.

(2) At the same time as lodging the certificate of readiness, the petitioner shall deliver to the Office one bundle for the use of the judge consisting of one indexed copy of the following documents—

(a)the certificate of readiness;

(b)the petition;

(c)any other pleadings;

(d)affidavit of service;

(e)interlocutory orders;

(f)the requisite legal aid documents.

fastened together in the order shown and having endorsed thereon the names and addresses of the solicitors for the parties.

(3) Within 4 days of lodging the certificate of readiness the petitioner shall give notice of having done so to the Crown Solicitor on behalf of the Attorney General and to each party in the cause who has entered an appearance.

(4) The Master shall, subject to paragraph (5), fix a date for hearing and give notice thereof to every party in the cause.

(5) Save with the consent of all the parties or by leave of the judge, no cause shall be placed in the list for hearing until after the expiration of 10 days from the date on which the certificate of readiness was lodged.

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Changes over time for: Section 3.35

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