Chapter 49 - Family actions - Part XI - Simplified applications for dissolution of Civil Partnerships
Application and interpretation of, and directions under, this Part
49.80A.-(1) In this Part-
“child of the family” has meaning given in section 12(4)(b) of the Act of 1995;
“simplified dissolution application” means an application mentioned in paragraph (2).(2) This Part applies to an application for dissolution of a civil partnership by a party to a civil partnership made in the manner prescribed in rule 49.80B (form of application for simplified dissolution of a civil partnership) if, but only if–
(a) that party relies on the facts set out in section 117(3)(c) (no cohabitation for one year with consent of defender to decree), section 117(3)(d) (no cohabitation for two years), or section 117(2)(b) (issue of a gender recognition certificate) of the CP Act of 2004,
(b) in an application under section 117(3)(c) of the CP Act of 2004, the other party consents to a decree of dissolution being granted;
(c) no other proceedings are pending in any court which could have the effect of bringing the civil partnership to an end;
(d) there are no children of the family under the age of 16 years;
(e) neither party to the civil partnership applies for an order for financial provision on dissolution of the civil partnership; and
(f) neither party to the civil partnership suffers from a mental disorder.(3) If an application ceases to be one to which this Part applies at any time before final decree, it shall be deemed to be abandoned and shall be dismissed.
(4) The Principal Clerk shall give directions in relation to the administrative procedures to be followed on the lodging of a simplified dissolution application for–
(a) the registration and service of such an application;
(b) having it brought before the court for consideration;
(c) in the event of decree of dissolution of the civil partnership being granted, for notification to the parties; and
(d) connected purposes;
and such directions shall have effect subject to the provisions of this Part.
Form of application for simplified dissolution of a civil partnership
49.80B.-(1) A simplified dissolution application in which the facts set out in section 117(3)(c) of the CP Act of 2004 (no cohabitation for one year with consent of defender to decree) are relied on shall be made in Form 49.80B-A and shall only be of effect if-
(a) it is signed by the applicant; and
(b) the form of consent in Part 2 of Form 49.80B-A is signed by the party to the civil partnership giving consent.(2) A simplified dissolution application in which the facts set out in section 117(3)(d) of the CP Act of 2004 (no cohabitation for two years) are relied on shall be made in Form 49.80B-B and shall only be of effect if signed by the applicant.
(3) A simplified dissolution application in which the facts set out in section 117(2)(b) of the CP Act of 2004 (issue of interim gender recognition certificate) are relied on shall be made in Form 49.80B-C and shall only be of effect if signed by the applicant.
Lodging and registration of simplified dissolution applications
49.80C.-(1) The applicant shall send a simplified dissolution application to the Deputy Principal Clerk with-
(a) an extract or certified copy of the certificate of civil partnership;
(b) the appropriate fee; and
(c) in an application under section 117(2)(b) of the CP Act of 2004, the interim gender recognition certificate or a certified copy.(2) Subject to the following rules of this Part, a simplified dissolution application shall, on being registered in accordance with any directions made under rule 49.80A(4), be treated as a summons in an action of dissolution of a civil partnership which has commenced.
Warrants for service or intimation of simplified dissolution applications
49.80D.-(1) On registration of a simplified dissolution application where the address of the other party to the civil partnership is known, a clerk of session shall grant warrant for service of the application.
(2) On registration of an application in which the facts set out in section 117(3)(d) (no cohabitation for two years) or section 117(2)(b) (issue of interim gender recognition certificate) of the Act of 2004 are relied on where the address of the other party to the civil partnership is not known to the applicant and cannot reasonably be ascertained-
(a) the Deputy Principal Clerk shall grant warrant for intimation of the application to–
(i) every child of the family, and
(ii) one of the next-of-kin of the other party who has reached the age of 16 years,
unless the address of such person is not known an cannot reasonably be ascertained; and
(b) the application shall thereafter be placed before the Lord Ordinary for such order under rule 16.5 (service where address of person is not known) as he thinks fit.(3) A warrant granted under paragraph (1) or (2)(a) shall be sufficient authority for such service and intimation.
Execution of service or intimation of simplified dissolution application
49.80E.-(1) Subject to the following paragraphs, service or intimation of a simplified dissolution application on a warrant granted under rule 49.80D on any person whose address is known to the applicant shall be made-
(a) by the Deputy Principal Clerk by post in accordance with rule 16.4 (service by post); or
(b) by a messenger-at-arms.
(2) In the application of Part I of Chapter 16 (service and intimations) to service and intimation under this rule, the following provisions of that Part of that Chapter shall not apply:–
rule 16.1(3) (which relates to party lodging a certificate of service in process),
rule 16.3(1)(b) (form of citation and certificate of service by messenger-at-arms),
rule 16.4(2)(b) (service by post by agent),
rule 16.4(4) (form of citation in service by post).(3) In the case of service of a simplified dissolution application on the other party to the civil partnership under paragraph (1), the person executing service shall complete a citation in Form 49.80E-A (no cohabitation for one year with consent to divorce), Form 49.80E-B (no cohabitation for two years), of Form 49.80E-C (interim gender recognition certificate) as the case may be.
(4) In the case of intimation of a simplified dissolution application on a person under paragraph (1) the person giving intimation shall complete a notice of intimation in Form 49.80E-D.
(5) A certificate of service or intimation in Form 49.80E-E (certificate by Deputy Principal Clerk) or Form 49.80E-F (certificate by messenger-at-arms), as the case may be, shall be–
(a) completed by the person executing service or giving intimation;
(b) in the case of a certificate completed by a messenger-at-arms, sent to the Deputy Principal Clerk; and
(c) attached to the application by the Deputy Principal Clerk.
Opposition to simplified dissolution application
49.80F.-(1) Any person on whom service or intimation of a simplified dissolution application has been made may give notice by letter sent to the Deputy Principal Clerk within the period of notice that he challenges the jurisdiction of the court or opposes the grant of the decree of dissolution and giving the reasons for his opposition to the application.
(2) Where opposition to a simplified dissolution application is made under paragraph (1), the court shall dismiss the application unless it is satisfied that the reasons given for the opposition are frivolous.
(3) The Deputy Principal Clerk shall give written intimation of the decision under paragraph (2) to the applicant and the respondent.
(4) The sending of a letter under paragraph (1) shall not imply acceptance of jurisdiction of the court.
Evidence in simplified dissolution applications
49.80G.-(1) Parole evidence shall not be given in a simplified dissolution application.
(2) Rule 36.8(a) (conditions for receiving certain written statements in evidence) shall not apply in a simplified dissolution application.
No reclaiming in simplified dissolution applications
49.80H. A decree pronounced in a simplified dissolution application may not be reclaimed against.
Applications after decree in simplified dissolution applications
49.80I.-(1) Any application to the court after decree of dissolution has been granted in a simplified dissolution application which could not have been made if it had been an action of dissolution of a civil partnership shall be made by minute.
(2) On lodging a minute under paragraph (1), the minuter shall lodge a process.
(a) Rule 36.8 was amended by S.S.I. 2001/305.
