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Part 2 · Proceedings Under Part 10 of Women’S Charter 1961

20. Non-parties (P. 2, r. 20)

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(1)

This Rule applies to —

(a)

any claim for ancillary relief; and

(b)

any claim for avoidance of disposition of matrimonial assets.

(2)

Where a claim mentioned in paragraph (1) discloses any person who is not a party (called in this Rule a non‑party) to whom any matrimonial asset is transferred, settled or otherwise entitled in any manner, the party making the claim (X) must serve the non‑party with the following documents:

(a)

X’s First Ancillary Affidavit;

(b)

the originating application for ancillary relief filed by X, where X’s claim is made in relation to an application under section 121B of the Act or section 17A(2)(c) of the Supreme Court of Judicature Act 1969;

(c)

the summons filed by X, where X’s claim is made in relation to his or her claim for avoidance of disposition of matrimonial assets.

(3)

A non-party who wishes to object to the claim made by X must file and serve a reply affidavit within 28 days after the date of service of the documents mentioned in paragraph (2) on the non‑party.

Subregulation 1

This Rule applies to —

(a)

any claim for ancillary relief; and

(b)

any claim for avoidance of disposition of matrimonial assets.

Subregulation 2

Where a claim mentioned in paragraph (1) discloses any person who is not a party (called in this Rule a non‑party) to whom any matrimonial asset is transferred, settled or otherwise entitled in any manner, the party making the claim (X) must serve the non‑party with the following documents:

(a)

X’s First Ancillary Affidavit;

(b)

the originating application for ancillary relief filed by X, where X’s claim is made in relation to an application under section 121B of the Act or section 17A(2)(c) of the Supreme Court of Judicature Act 1969;

(c)

the summons filed by X, where X’s claim is made in relation to his or her claim for avoidance of disposition of matrimonial assets.

Subregulation 3

A non-party who wishes to object to the claim made by X must file and serve a reply affidavit within 28 days after the date of service of the documents mentioned in paragraph (2) on the non‑party.

Report

Part 3

Quasi-Criminal Proceedings

Part 3A

Enforcement of Child Access Order Under Section 5A of Guardianship of Infants Act 1934 or Section 126B of Women’S Charter 1961

Part 4

Amicable Resolution of Cases

Part 5

Commencement of Proceedings

Part 6

Parties to Proceedings

Part 7

Service of Documents

Part 8

Judge-Led Approach in Resolving Family Disputes

Part 9

Disclosure

Part 10

Expert Evidence

Part 11

Reports Under Mental Capacity Act 2008

Part 12

Relevant Professionals and Child Reports

Part 13

Parenting Coordination Programme

Part 14

Injunctions and Other Interim Relief Before Hearing

Part 15

Court Hearings and Evidence

Part 16

Withdrawal and Discontinuance

Part 17

Payment Into and Out of Court

Part 18

Judgments and Orders

Part 19

Appeals

Part 20

Appeals from Tribunals to Family Division and Case Stated

Part 21

Transfer of Proceedings

Part 22

Costs

Part 23

Enforcement of Judgments and Orders

Part 24

Contempt of Court

Part 25

Court Fees

Part 26

Registry and Administration

Part 27

Lodgment in Court, Money in Registry and Payment to Bailiff

Part 28

Electronic Filing Services

Schedules