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Chapter: | 179A
| Title: | MATRIMONIAL CAUSES RULES | Gazette Number: | |
| Rule: | 6 | Heading: | Application to court to consider agreement made in contemplation etc. of divorce or judicial separation | Version Date: | 30/06/1997 |
Caution : This is a past version. See the current version for the latest position.
(1) On application made either before or after the presentation of a petition for divorce or judicial separation, or the making of a joint application, as the case may be, the parties to the marriage or either of them may refer to the court any agreement or arrangement made or proposed to be made between them which relates to, arises out of or is connected with, the proceedings which are contemplated or have begun. (L.N. 172 of 1996)
(2) Unless otherwise directed on an application made ex parte, every party to the agreement or arrangement (other than the applicant or applicants) and any other party to the proceedings or, where application is made before the presentation of the petition or the making of the joint application, as the case may be, any person whom it is intended to make a party to those proceedings, shall be made a respondent to the application. (L.N. 172 of 1996)
(3) Where an application is made before the presentation of a petition or the making of a joint application, as the case may be- (L.N. 172 of 1996)
(a) it shall be made by originating application;
(b) a sealed copy of the originating application shall be served on each respondent by the applicant; (L.N. 78 of 1986)
(d) paragraph (5) of rule 5 shall apply to the application as if it were an application under that rule;
(e) subject to the provisions of this rule, these rules shall, so far as applicable, apply with the necessary modifications to the application as if it were a cause and as if the originating application were a petition and the applicant a petitioner.
(4) An application made after the presentation of a petition or the making of a joint application, as the case may be, shall be made by summons to a judge of the district court and shall, unless otherwise directed, be heard in chambers. (L.N. 325 of 1982; L.N. 172 of 1996)
(5) At the time of the filing of an originating application or notice of application or the issue of a summons under this rule, there shall be filed an affidavit by the applicant or applicants setting out particulars of the agreement or arrangement in question and the grounds on which the application is made, and every copy of the originating application, notice or summons served on a respondent shall be accompanied by a copy of the affidavit. (L.N. 78 of 1986)
(6) An application under this rule shall be heard by a judge and, unless otherwise directed, shall be heard in chambers.
(7) On the hearing of an application under this rule the judge may express an opinion, should he think it desirable to do so, as to the reasonableness of the agreement or arrangement and may give such directions, if any, in the matter if he thinks fit.
(8) A respondent to an application under this rule may not be heard without filing an affidavit in answer to the application. (L.N. 135 of 1972)