1964_MATRIMONIAL_CAUSES_RULES — Page 8

A 8

[Subsidiary]

L.N. 78/86.

Application to court to consider agreement made in contemplation etc. of divorce or judicial separation. L.N. 135/72.

CAP. 179]

Matrimonial Causes Rules

[1987 Ed.

(2) The application shall be filed in the district court, together with-

(a) an affidavit by the applicant exhibiting a copy of the

proposed petition and stating-

(i) the grounds of the application;

(ii) particulars of the hardship or depravity alleged; (iii) whether there has been any previous application under the said section 12;

(iv) whether any, and if so what, attempts at reconcilia- tion have been made;

(v) particulars of any circumstances which may assist the court in determining whether there is a reasonable probability of reconciliation between the parties;

(vi) the date of birth of each of the parties or, if it be the case, that he or she has attained 21; and

(b) [Deleted, L.N. 78/86]

(c) unless otherwise directed on an application made ex parte,

a certificate of the marriage.

(3) The applicant shall serve on the respondent a sealed copy of the application, together with a copy of the supporting affidavit and a notice in Form 1 with Form 4 attached, annexed to it.

(4) [Revoked, L.N. 325/82]

(5) The application shall be heard by a judge and shall, unless otherwise directed, be heard in chambers.

(6) Subject to the provisions of this rule, these rules shall, so far as applicable, apply with the necessary modifications to the application as if the originating application were a petition and the applicant a petitioner.

6. (1) On application made either before or after the presen- tation of a petition for divorce or judicial separation, the parties to the marriage or either of them may refer to the court any agreement or arrangement made or proposed to be made between them which relates to, arises out of or is connected with, the proceedings which are contemplated or have begun.

(2) Unless otherwise directed on an application made ex parte, every party to the agreement or arrangement (other than the applicant or applicants) and any other party to the proceedings or, where application is made before the presentation of the petition, any person whom it is intended to make a party to those proceed- ings, shall be made a respondent to the application.

(3) Where an application is made before the presentation of a petition---

(a) it shall be made by originating application;