EFIS 7, February 2003 : Divorce

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The Family Proceedings (Amendment) Rules 2003 will come into force on 24th February.

These Rules have represcribed DIV_C to emphasise the need for the parties to agree the date when a statement about property and income will be exchanged and that such a statement can be posted.

Forms DIV117 and DIV118 have been amended to elicit more information about pension(s) on each form,
in accordance with Rule 9 of these 2003 Rules.

Although we understand that the Court Service will continue to accept the current version of DIV_C until June, practitioners should note that there are no transitional provisions in the 2003 Rules expressly permitting the current form to be used.

We also understand that the Court Service will insist that only the amended versions of DIV117 and DIV118 should be used from 24th February.

In these circumstances, Oyez customers are advised only to use the amended forms supplied on disk for applications from 24th February, onwards.

Finally, forms DIV1, DIV1-Flexi , DIV46, DIV87 - 90 have had very minor amendments and are also enclosed. All forms can be used immediately upon receipt.
new ranges.

Forms affected

DIV1-Flexi	Divorce Petition (Adultery)	New/Amended
DIV46	Originating Application for Alteration of Maintenance Agreement during Parties' Lifetime	New/Amended
DIV87	Affidavit by Petitioner in Support of Petition (Adultery) under s.1(2)(a) of Matrimonial Causes Act 1973	New/Amended
DIV88	Affidavit by Petitioner in Support of Petition (Desertion) under s.1(2)(c) of Matrimonial Causes Act 1973	New/Amended
DIV89	Affidavit by Petitioner in Support of Petition (2 years' Separation) under Section 1(2)(d) of Matrimonial Causes Act 1973	New/Amended
DIV90	Affidavit by Petitioner in Support of Petition (5 years' Separation) under s 1(2)(e) of Matrimonial Causes Act 1973	New/Amended
DIV117	Pension Attachment Annex under Section 25B or 25C of the Act of 1973	New/Amended
DIV118	Pension Attachment Annex under Section 24B of the Act of 1973	New/Amended
DIV1	Divorce Petition (Adultery)	New/Amended
DIV_C	Notice of a First Appointment	New/Amended

Crown copyright forms are reproduced with the permission of the Controller of the Stationery Office. Law Society forms are reproduced with the permission of the Law Society. Legal Aid Forms are produced with the permission of the LSC.