Divorce And Matrimonial Proceedings Rules 1980 P U A 32 1980
During the divorce proceedings the family judge can assign the enjoyment of the matrimonial home free or against a financial indemnity to one of the spouses who will occupy it during the divorce proceedings even where he she does not own this asset.
Divorce and matrimonial proceedings rules 1980 p u a 32 1980. In dealing with a divorce case the people s court should carry out mediation between the parties. There are different rules for service of an application for a matrimonial civil partnership order divorce dissolution petition and other types of proceedings within the jurisdiction. 7 the scope of this regulation covers civil matters whatever the nature of the court or tribunal. 20 900 the family law index was created by the supreme court of nsw and records name of petitioner respondent and co respondent if named divorce number year and remarks.
Related amendments to domestic actions act 1975. Divorce shall be granted if mediation fails because mutual. Matrimonial proceedings rules 2004 and shall come into operation on the 1st april 2004. Article 32 when one party alone desires a divorce the organizations concerned may carry out mediation or the party may appeal directly to a people s court to start divorce proceedings.
Record series in the index. Trial of issue 33. Means proceedings a for a divorce order an annulment order or a separation order or b for an order under section 18 of the act. And subject thereto all proceedings under this act shall be regulated by the divorce and matrimonial proceedings rules 1980.
The matrimonial home is protected both during marriage article 215 fcc and during the divorce proceedings. Amendments to other enactments and repeals. 1 subject to these rules and to any other written law the subordinate courts rules 1980 and the rules of the high court 1980 shall apply with necessary modifications to the commencement of matrimonial proceedings in and to the practice and procedure in matrimonial proceeding spending in the sessions court and in the high court respectively. Disposal of cases in special procedure list.
Supreme court of nsw. Date of trial 34. 6 since the application of the rules on parental responsibility often arises in the context of matrimonial proceedings it is more appropriate to have a single instrument for matters of divorce and parental responsibility. Transitional provision for counselling or mediation arranged before commencement of family proceedings amendment act no 2 2013.
The rules relating to the service of divorce dissolution proceedings are set out in chapter 2 of part 6 rules 6 3 to 6 22 of the fpr 2010. Nrs 21360 index to matrimonial causes files 1873 1976 8 3242 3247 fiche 6130 6410 entries in the index.