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22 September 2011
Issue: 7482 / Categories: Case law , Judicial line , In Court
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Matrimonial reply missing

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I cannot find any provision in the Family Procedure Rules 2010 for the filing of a reply to a petition for a matrimonial order...

I cannot find any provision in the Family Procedure Rules 2010 for the filing of a reply to a petition for a matrimonial order. Has the reply been axed? Is there no power to allow one?

The 2010 Rules do not make specific provision for a reply to an answer in matrimonial or civil partnership proceedings. Where an answer has been filed, either party may apply under r 7.19 for a decree nisi/conditional order to be considered. The case will then be listed for a case management conference under r 7.20(4) and the court will give directions in accordance with r 7.22. If any response to an answer is required, the extent and form of this can be considered at the conference.

The court may direct a formal reply, but more usually would simply direct the filing of evidence. If further information is required about either parties’ case, a direction can be given under r 7.15. Formerly, a reply was most

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