1987 Ed.]
Matrimonial Causes Rules
[CAP. 179
A 35
[Subsidiary]
(2) On any other application for ancillary relief the court may give such a direction or make such appointment as it is empowered to give or make by paragraph (1).
(3) Before a person other than the Crown Solicitor is appointed guardian ad litem under this rule there shall be filed a certificate by the solicitor acting for the children that the person proposed as guardian has no interest in the matter adverse to that of the children and that he is a proper person to be such guardian.
73. (1) A petitioner or respondent spouse who has applied for ancillary relief in his petition or answer and who intends to proceed with the application shall, subject to rule 82, file a notice in Form 9 and serve a copy on the other spouse.
(2) Where a respondent spouse or a petitioner is served with a notice in Form 8 or 9 in respect of an application for ancillary relief, not being an application to which rule 74 or 75 applies, then, unless the parties are agreed upon the terms of the proposed order, he shall, within 14 days after service of the notice, file an affidavit in answer to the application containing full particulars of his property and income, and if he does not do so, the court may order him to file an affidavit containing such particulars.
(3) An affidavit in reply may be filed within 14 days after service of any affidavit under paragraph (2) or within such other time as the court may fix.
74. (1) Where an application is made for a settlement of property order, a variation of settlement order, a transfer of property order or an avoidance of disposition order, the application shall state briefly the nature of the settlement, variation or transfer proposed or the disposition to be set aside and the notice in Form 8 or 9 as the case may be shall, unless otherwise directed, be supported by an affidavit by the applicant stating the facts relied on in support of the application.
(2) The affidavit in support of an application for a settlement of property order or a transfer of property order shall contain full particulars of the property in respect of which the application is made and shall contain full particulars, so far as they are known to the applicant, of the property to which the party against whom the application is made is entitled either in possession or reversion; and the affidavit in support of an application for a variation of settlement order shall contain full particulars of all settlements, whether ante-nuptial or post-nuptial, made on the spouses and of the funds brought into settlement by each spouse.
(3) A copy of Form 8 or 9, as the case may be, together with a copy of the supporting affidavit, shall be served on the following persons as well as on the respondent to the application, that is to say—
(a) in the case of an application for a variation of settlement order, the trustees of the settlement and the settlor if living,
General provisions as to evidence etc. on application for ancillary relief. L.N. 325/82.
L.N. 135/72.
Evidence on application for settlement of property, etc. L.N. 135/72.
Page 35
Page 36
1987 Ed.]
Matrimonial Causes Rules
[CAP. 179
A 35
[Subsidiary]
(2) On any other application for ancillary relief the court may give such a direction or make such appointment as it is empowered to give or make by paragraph (1).
(3) Before a person other than the Crown Solicitor is appoint- ed guardian að litem under this rule there shall be filed a certificate by the solicitor acting for the children that the person proposed as guardian has no interest in the matter adverse to that of the children and that he is a proper person to be such guardian.
73. (1) A petitioner or respondent spouse who has applied for ancillary relief in his petition or answer and who intends to proceed with the application shall, subject to rule 82, file a notice in Form 9 and serve a copy on the other spouse.
(2) Where a respondent spouse or a petitioner is served with a notice in Form 8 or 9 in respect of an application for ancillary relief, not being an application to which rule 74 or 75 applies, then, unless the parties are agreed upon the terms of the proposed order, he shall, within 14 days after service of the notice, file an affidavit in answer to the application containing full particulars of his property and income, and if he does not do so, the court may order him to file an affidavit containing such particulars.
(3) An affidavit in reply may be filed within 14 days after service of any affidavit under paragraph (2) or within such other time as the court may fix.
74. (1) Where an application is made for a settlement of property order, a variation of settlement order, a transfer of prop- erty order or an avoidance of disposition order, the application shall state briefly the nature of the settlement, variation or transfer proposed or the disposition to be set aside and the notice in Form 8 or 9 as the case may be shall, unless otherwise directed, be supported by an affidavit by the applicant stating the facts relied on in support of the application.
(2) The affidavit in support of an application for a settlement of property order or a transfer of property order shall contain full particulars of the property in respect of which the application is made and shall contain full particulars, so far as they are known to the applicant, of the property to which the party against whom the application is made is entitled either in possession or reversion; and the affidavit in support of an application for a variation of settlement order shall contain full particulars of all settlements, whether ante-nuptial or post-nuptial, made on the spouses and of the funds brought into settlement by each spouse.
(3) A copy of Form 8 or 9, as the case may be, together with a copy of the supporting affidavit, shall be served on the following persons as well as on the respondent to the application, that is to
say-
(a) in the case of an application for a variation of settlement order, the trustees of the settlement and the settlor if living,
General
provisions as to evidence etc. on application for ancillary relief. L.N. 325/82.
L.N. 135/72.
Evidence on
application for settlement of property, etc. L.N. 135/72.
Page 35Page 36
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