ANCILLARY RELIEF ROLLS OUT

The Family Proceedings (Amendment No 2) Rules 1999 came into force on 5 June amending the Family Proceedings Rules 1991 so as to create anew procedural code for applications for ancillary relief under the Matrimonial Causes Act 1973. This code appears in rules 2.51B to 2.70 of the Family Proceedings Rules, as amended. They are based on the ancillary relief pilot scheme which has been operating in designated courts. The overriding objective of the Civil Procedure Rules of enabling the court to deal with matters justly contained in CPR rule 1.1 is embodied verbatim in rule 2.51 B. Proceedings are now commenced by Form A (replacing Form M11), except for applications under s10(2) of the MCA 1973, which are in Form B (replacing Form M12). Rule 2.51 A prescribes that the party making the application is known as the ‘Applicant’, irrespective of whether he or she is the petitioner or the respondent in the divorce proceedings. The court is now responsible for service of the proceedings. Rule 2.61 A(4) provides that on the filing of an application the court must fix a first appointment not less than 12 nor more than 16 weeks from the date of filing and give notice of that date.