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BERMUDA

MATRIMONIAL CAUSES RULES 2023

BR 15 / 2023

PART 1PRELIMINARY

Citation

1 These Rules may be cited as the Matrimonial Causes Rules 2023.

2. Interpretation

(1) In these Rules, unless the context otherwise requires—

“the Act” means the Matrimonial Causes Act 1974;

“ancillary relief” means—

(a) an avoidance of disposition order;

(b) a financial provision order;

(c) an order for maintenance pending suit;

(d) a property adjustment order; or

(e) a variation order;

“attorney” means a person duly admitted under the Supreme Court Act 1905 to practise as a barrister and attorney in the Supreme Court;

“avoidance of disposition order” means an order under section 41(2)(b) or (c) of the Act;

“cause” means a matrimonial cause as defined by section 1 of the Supreme Court Act 1905;

MATRIMONIAL CAUSES RULES 2023

“certified copy” means a copy of a document certified as being a true copy of the original document by a Commissioner for Oaths, Notary Public or a Justice of the Peace;

“court” means a judge or the registrar;

“defended cause” means a cause not being an undefended cause;

“directions for trial” means directions for trial given under rule 22;

“Director of Child and Family Services” has the same meaning as in the Act;

“enactment” means any statutory provision;

“estate representative” has the same meaning as in the Succession Act 1974;

“financial provision order” means any of the orders mentioned in section 25(1) of the Act except an order under section 31(6) of the Act;

“financial relief” has the same meaning as in section 41 of the Act;

“judge” means the Chief Justice, a Puisne Judge or an Assistant Justice;

“magistrates’ court” means a court of summary jurisdiction;

“matrimonial proceedings” means any proceedings with respect to which the court has jurisdiction under section 2 of the Act;

“notice of intention to defend”has the meaning assigned to it by rule 12;

“person named” includes a person described as “passing under the name of A.B.”;

“R.S.C.” means Rules of the Supreme Court 1985;

“registrar” means the registrar of the Supreme Court;

“registry” means the registry of the Supreme Court;

“special procedure list” has the meaning assigned to it by rule 22(2);

“undefended cause” means—

(a) in the case of an application under section 7 of the Act, a cause in which the respondent has not given notice of intention to defend within the time limited;

(b) in any other case—

(i) a cause in which no answer has been filed or any answer filed has been struck out; or

(ii) a cause which is proceeding only on the respondent’s answer and in which no reply or answer to the respondent’s answer has been filed or any such reply or answer has been struck out; or

(iii) a cause to which rule 14(4) applies and in which no notice has been given under that rule or any notice so given has been withdrawn;

MATRIMONIAL CAUSES RULES 2023

“variation order” means an order under section 35 of the Act;

“welfare” has the same meaning as in section 45 of the Act.

(2) Unless the context otherwise requires, a cause begun by application shall be treated as pending for the purposes of these Rules notwithstanding that a final order has been made on the application.

3. Application of other rules

(1) Subject to the provisions of these Rules and of any enactment, the Rules of the Supreme Court 1985 shall, notwithstanding the provisions of Order 1, rule 2(2) thereof, apply, with the necessary modifications, to the practice and procedure in matrimonial proceedings.

(2) For the purposes of paragraph (1) any provision of these Rules authorising or requiring anything to be done in matrimonial proceedings shall be treated as if it were a provision of the Rules of the Supreme Court 1985.

PART 2COMMENCEMENT, ETC. OF PROCEEDINGS

4. Application under section 7 of the Act

(1) An application under section 7 of the Act for leave to present an application for a divorce order before the expiration of three years from the date of the marriage shall be made by originating summons.

(2) An application made under paragraph (1) shall be filed in the registry, together with—

(a) an affidavit by the applicant exhibiting a copy of the proposed application for a divorce order and stating—

(i) that the marriage has irretrievably broken down;

(ii) particulars of exceptional hardship or depravity alleged;

(iii) whether there has been any previous application for leave;

(iv) whether any, and if so what, attempts at reconciliation have been made;

(v) particulars of any circumstances which may assist the court in determining whether there is a reasonable probability of reconciliation between the parties;

(vi) the date of birth of each of the parties or, if it be the case, that he or she has attained 21;

(vii) a valid email address that is currently being used by the applicant for correspondence, which can be used by the courts for the purposes of service;

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(b) a copy of the application and of the supporting affidavit for service on the respondent; and

(c) unless otherwise directed on an application made ex parte, a certificate of the marriage.

(3) The applicant shall annex to the copy of the application for service a copy of the supporting affidavit and a notice in Form 1 with Form 6 attached.

5. Proceedings after service of application under section 7 of the Act

(1) The application for leave to present an application under section 7 of the Act (restriction on applying for a divorce order within three years of marriage) shall, so far as applicable, be heard by a judge and shall, unless otherwise directed, be heard in chambers.

(2) Subject to the provisions of this rule, these Rules shall apply, so far as applicable, with the necessary modifications, to the application as if the originating summons were an application for a divorce order.

Discontinuance of cause before service of application

6 Before an application for an order of divorce, nullity of marriage or judicial separation is served on any person, the applicant may file a notice of discontinuance in Form 5 and the cause shall thereupon stand dismissed.

7. Cause to be begun by application

(1) Every cause, other than an application under section 7 of the Act (which is made by an originating summons) shall begin by application.

(2) Where an application for an order of divorce, nullity of marriage or judicial separation discloses that there is a minor child of the family who is under 16 or who is over that age and is receiving instruction at an educational establishment or undergoing training for a trade or profession, the application shall be accompanied by a separate written statement containing the information required by Form 4, to which shall be attached a copy of any medical report mentioned therein.

(3) Where an application for an order of divorce contains a proposal by the applicant (not being a proposal agreed between the applicant and respondent) to make financial provision for the respondent, the application shall be accompanied by an affidavit by the applicant giving brief particulars of his means and commitments.

8. Contents of application

(1) Unless otherwise directed, every application for an order of divorce, nullity of marriage or judicial separation, other than a petition under rule 75 or 76, shall contain the information required by Form 2 as near as may be in the order there set out and any further or other information required by such of the following paragraphs of this rule as may be applicable.

(2) An application for an order of divorce, nullity of marriage or judicial separation—

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(a) shall state whether or not there are to the knowledge of the applicant any proceedings continuing in any country outside Bermuda which are in respect of the marriage to which the application relates or are capable of affecting its validity or subsistence; and

(b) if there are any such proceedings, shall give particulars of them including—

(i) the court in or tribunal or authority before which they were begun;

(ii) the date when they were begun;

(iii) the names of the parties;

(iv) the date, or as the case may be, the expected date of any trial in the proceedings, and

(v) such other facts as may be relevant to the question whether the proceedings on the application should be stayed under Schedule 1 to the Act.

(3) In paragraph (2) “proceedings continuing in any country outside Bermuda” includes any proceedings which are not instituted in a court of law in that country, if those proceedings are instituted before a tribunal or other authority in that country having power under the law having effect there to determine questions of status, and proceedings shall be treated as continuing in a country outside Bermuda if they have been begun and have not been finally disposed of.

(4) An application for a nullity of marriage order under section 16(e) or (f) of the Act shall state whether the applicant was at the time of the marriage ignorant of the facts alleged.

(5) An application for an order of presumption of death or dissolution of marriage shall state the last place at which the parties to the marriage cohabited, the circumstances in which the parties ceased to cohabit, the date when and the place where the respondent was last seen or heard of, and the steps which have been taken to trace the respondent.

9. Signing and verification of application and filing of affidavit

(1) Every application for an order of divorce, nullity of marriage or judicial separation shall be signed by the applicant’s attorney in his own name or the name of his firm, or by the applicant if he sues in person.

(2) Every application for an order of divorce, nullity of marriage or judicial separation shall be verified by an affidavit in Form 8 sworn by the applicant; and such affidavit shall be sufficient prima facie proof of the statements made in the application.

(3) The affidavit shall be filed either with the application or within seven days after the presentation of the application.

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10. Presentation of application

(1) Unless otherwise directed on an application made ex parte, the original certificate of the marriage to which the cause relates or a certified copy of such shall be filed with the application for an order of divorce, nullity of marriage or judicial separation.

(2) Where an attorney is acting for an applicant for divorce or judicial separation, a certificate in Form 3 shall be filed with the application, unless otherwise directed on an application made ex parte.

(3) Where there is before the court an application which has not been dismissed or otherwise disposed of by a final order, another application by the same applicant in respect of the same marriage shall not be presented without leave granted on an application made in the pending proceedings: Provided that no such leave shall be required where it is proposed, after the expiration of the period of three years from the date of the marriage, to present an application for a divorce order.

(4) The application shall be presented by filing it, together with—

(a) any statement, report and affidavit required by rule 7(2) and (3), in the registry, with as many copies of the application as there are persons to be served and a copy of the statement, report and affidavit required by rule 7(2) and (3) for service on the respondent; and

(b) annex to every copy of the application for service a notice in Form 6 with Form 7 attached and shall also annex to the copy application for service on a respondent the copy of any statement, report and affidavit filed pursuant to paragraph (4)(a) of this rule.

(5) On the filing of the application the registrar shall enter the cause in the cause book.

PART 3SERVICE OF APPLICATION, ETC.

11. Service of application

(1) Subject to this rule and rules 78 and 81, a copy of every application for an order of divorce, nullity of marriage or judicial separation shall be served on the respondent personally, or by post or electronic means where an application to the Court has been made and leave has been granted for substituted service by electronic means.

(2) Service may be effected—

(a) where the party to be served is a person under disability within the meaning of rule 77, through the applicant; and

(b) in any other case, through the court or, if the applicant so requests, through the applicant.

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(3) Personal service shall in no case be effected by the applicant himself.

(4) A copy of any application which is to be served through the court shall be served personally, or by post or electronic means by a person acting on behalf of the registry.

(5) For the purposes of the foregoing paragraphs, a copy of an application shall be deemed to be duly served—

(a) if an acknowledgment of service in Form 7 is signed by the party to be served or by an attorney on his behalf and is returned to the registry; and

(b) where the form purports to be signed by the respondent, his signature is proved at the hearing; or

(c) if an affidavit is filed with the court confirming the copy was served by electronic means.

(6) Where a copy of an application has been sent to a party and no acknowledgment of service has been returned to the registry, the registrar, if satisfied by affidavit or otherwise that the party has nevertheless received the document, may direct that the document shall be deemed to have been duly served on him.

(7) Where a copy of an application has been served on a party personally and no acknowledgment of service has been returned to the registry, service shall be proved by filing an affidavit of service showing, in the case of a respondent, the server’s means of knowledge of the identity of the party served.

(8) Where an acknowledgment of service is returned to the registry, the registrar shall send a photographic copy thereof to the applicant.

(9) An application for leave to substitute some other mode of service for the modes of service prescribed by paragraph (1), or to substitute notice of the proceedings by advertisement or otherwise, shall be made ex parte by lodging an affidavit setting out the grounds on which the application is made; and the form of any advertisement shall be settled by the registrar.

(10) Where it appears necessary or expedient to do so the registrar may by order dispense with service of a copy of an application on the respondent or on any other person, and an application to the registrar for an order under this paragraph may, if no notice of intention to defend has been given, be made ex parte by lodging an affidavit setting out the grounds of the application.

12. Notice of intention to defend

(1) In these Rules any reference to a notice of intention to defend is a reference to an acknowledgment of service in Form 7 containing a statement to the effect that the person by whom or on whose behalf it is signed intends to defend the proceedings to which the acknowledgment relates, and any reference to giving notice of intention to defend is a reference to returning such a notice to the registry.

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(2) In relation to any person on whom there is served a document requiring or authorising an acknowledgment of service to be returned to the registry, references in these Rules to the time limited for giving notice of intention to defend are references to eight days after service of the document, inclusive of the day of service, or such other time as may be fixed.

(3) Notice of intention to defend a cause begun by application may be given at any time before directions for trial are given, notwithstanding that the time limited for giving the notice has expired.

(4) Subject to paragraphs (2) and (3), a person may give notice of intention to defend notwithstanding that he has already returned to the registry an acknowledgment of service not constituting such a notice.

PART 4PLEADINGS AND AMENDMENT

Supplemental application and amendment of application for an order of divorce, nullity of marriage or judicial separation

13.

(1) A supplemental application may be filed only with leave.

(2) An application for an order of divorce, nullity of marriage or judicial separation may be amended without leave before it is served but only with leave after it has been served.

(3) Subject to paragraph (4), an application for leave under this rule—

(a) may, if every opposite party consents in writing to the supplemental application being filed or the application being amended, be made ex parte by lodging in the registry the supplemental application or a copy of the application as proposed to be amended; and

(b) shall, in any other case, be made by summons, to be served, unless otherwise directed, on every opposite party.

(4) The registrar may, if he thinks fit, require an application for leave to be supported by an affidavit.

(5) An order granting leave shall—

(a) where any party has given notice of intention to defend, fix the time within which his answer must be filed or amended;

(b) where the order is made after directions for trial have been given, provide for a stay of the hearing until after the directions have been renewed.

(6) An amendment authorised to be made under this rule shall be made by filing a copy of the amended application.

(7) Rule 9 shall apply to a supplemental or amended application as they apply to the original application.

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(8) Unless otherwise directed, a copy of a supplemental or amended application, together with a copy of the order (if any) made under this rule shall be served on the respondent named in the original application or in the supplemental or amended application.

(9) The applicant shall file the documents required by paragraph (8) to be served on any person and, unless otherwise directed, rule 10(4)(b) and rule 11 shall apply in relation to that person as they apply in relation to a person required to be served with an original application.

14. Filing of answer to an application

(1) Subject to paragraph (2) and to rules 16 and 31, a respondent who—

(a) wishes to defend the application for an order of divorce, nullity of marriage or judicial separation or dispute of any facts alleged in it; or

(b) being the respondent wishes to make in the proceedings any charge against the applicant in respect of which the respondent prays for relief shall within 21 days after the expiration of the time limited for giving notice of intention to defend, file an answer to the application.

(2) An answer may be filed at any time before directions have been given for the trial of the cause, notwithstanding that the time for filing the answer has expired or that the person filing the answer has not given notice of intention to defend.

(3) Any reference in these Rules to a person who has given notice of intention to defend shall be construed as including a reference to a person who has filed an answer without giving notice of intention to defend.

(4) Where in a cause in which relief is sought under section 16(d) of the Act the respondent files an answer containing no more than a simple denial of the irretrievable breakdown of the marriage stated in the application, he shall, if he intends to rebut the charges in the application, give the registrar notice to that effect when filing his answer.

15. Filing of reply and subsequent pleadings

(1) An applicant may file a reply to an answer within 14 days after he has received a copy of the answer pursuant to rule 19.

(2) If the applicant does not file a reply to an answer, he shall, unless the answer prays for an order, be deemed, on making a request for directions for trial, to have denied every material allegation of fact made in the answer.

(3) No pleading subsequent to a reply shall be filed without leave.

Filing of pleading after directions for trial

16 No pleading shall be filed without leave after directions for trial have been given.

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17. Contents of answer and subsequent pleadings

(1) Where an answer, reply or subsequent pleading contains more than a simple denial of any of the facts stated in the application, answer or reply, as the case may be, the pleading shall set out with sufficient particularity the facts relied on but not the evidence by which they are to be proved and, if the pleading is filed by the husband or wife, it shall, in relation to those facts, contain the information required in the case of an application by paragraphs (10) and (11) of Form 2.

(2) Unless otherwise directed, an answer by a husband or wife who disputes any statement required by paragraphs (4), (5) and (6) of Form 2 to be included in the application shall contain full particulars of any facts relied on.

(3) Paragraph (7) of Form 2 and so much of that Form as requires the application to conclude with a prayer giving details of the relief claimed shall, where appropriate, apply, with the necessary modifications, to a respondent’s answer as they apply to an application: Provided that it shall not be necessary to include in the answer any claim for costs against the applicant.

(4) Where an answer to any application to which rule 8(2) applies contains a prayer for relief, it shall contain the information required by that paragraph in the case of the application in so far as it has not been given by the applicant.

(5) Rule 9 shall apply, with the necessary modifications, to a pleading other than an application for an order of divorce, nullity of marriage or judicial separation, as it applies to such application.

Parties cited in pleading

18 Rules 11 and 14 shall apply, with the necessary modifications, to a party cited.

Service of pleadings

19 A party who files an answer, reply or subsequent pleading shall at the same time file a copy for service on every opposite party and thereupon the registrar shall annex to every copy for service on a party cited in the pleading a notice in Form 6 with Form 7 attached and shall send a copy to every other opposite party.

Supplemental answer and amendment of pleadings

20 Rule 13 shall apply, with the necessary modifications, to the filing of a supplemental answer, and the amendment of a pleading or other document not being an application for an order of divorce, nullity of marriage or judicial separation, as they apply to the filing of a supplemental application and the amendment of an application.

21. Particulars

(1) A party on whom a pleading has been served may in writing request the party whose pleading it is, to give particulars of any allegation or other matter pleaded and, if that party fails to give the particulars within a reasonable time, the party requiring them may apply for an order that the particulars be given.

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(2) The request or order in pursuance of which particulars are given shall be incorporated with the particulars, each item of the particulars following immediately after the corresponding item of the request or order.

(3) A party giving particulars, whether in pursuance of an order or otherwise, shall at the same time file a copy of them.

PART 5PREPARATIONS FOR TRIAL

22. Directions for trial

(1) On the written request, in Form 10, of the applicant or of any party who is defending a cause begun by application, the registrar shall give directions for the trial of the cause if he is satisfied—

(a) that any application for directions required by rule 13(7) has been made;

(b) that a copy of the application (including any supplemental or amended application) and any subsequent pleading has been duly served on every party required to be served and, where that party is a person under disability, that any affidavit required by rule 78(2) has been filed;

(c) if no notice of intention to defend has been given by any party entitled to give it, that the time limited for giving such notice has expired;

(d) if notice of intention to defend has been given by any party, that the time allowed for filing an answer has expired;

(e) if an answer has been filed, that the time allowed for filing any subsequent pleading has expired.

(2) Where in the case of an application for an order of divorce or judicial separation which is pending in the court—

(a) there are no children of the family to whom section 45 of the Act applies; and

(b) the respondent has returned to the registry an acknowledgment of service containing a statement to the effect that he consents to an order being granted or a statement to that effect signed by the respondent has been lodged in the registry, then, unless otherwise directed—

(i) there shall be filed with the request for directions for trial an affidavit by the applicant containing the information required by Form 8, as near as may be in the order there set out, together with any corroborative evidence on which the applicant intends to rely; and

(ii) the registrar shall give directions for trial by entering the cause in a list to be known as the special procedure list.

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(3) In any other case, the registrar shall give directions for trial by setting the cause down for trial and giving notice that he has done so to every party to the cause.

23. Stay of proceedings under Schedule 1 to the Act

(1) An application for an order under paragraph 8 of Schedule 1 to the Act shall be made to a judge.

(2) Where, on giving directions for trial, it appears to the registrar from any information given pursuant to rule 8(2) or 17(4) or paragraph (3) of this rule that any proceedings which are in respect of the marriage in question or which are capable of affecting its validity or subsistence are continuing in any country outside Bermuda and he considers that the question whether the proceedings on the application for an order for divorce, nullity of marriage or judicial separation should be stayed under paragraph 8 of Schedule 1 to the Act ought to be determined by the court, he shall fix a date and time for the consideration of that question by a judge and give notice thereof to all parties.

(3) In paragraph (2) “proceedings continuing in any country outside Bermuda” has the same meaning as in rule 8(2).

(4) Any party who makes a request for directions for trial in matrimonial proceedings within the meaning of paragraph 2 of Schedule 1 to the Act shall, if there has been a change in the information given pursuant to rules 8(2) and 17(4) , file a statement giving particulars of the change.

(5) An application by a party to the proceedings for an order under paragraph 9 of Schedule 1 to the Act may be made to the registrar, and he may determine the application or may refer the application, or any question arising thereon, to a judge as if the application were an application for ancillary relief.

PART 6EVIDENCE

24. Evidence generally

(1) Subject to the provisions of rules 9, 25, 26 and 30 and of the Evidence Act

1905 and any other enactment, any fact required to be proved by the evidence of witnesses at the trial of a cause begun by application shall be proved by the examination of the witnesses orally and in open court.

(2) Nothing in rules 25 and 26 shall affect the power of the judge at the trial to refuse to admit any evidence if in the interest of justice he thinks fit to do so.

25. Evidence by affidavit, etc.

(1) The court may order—

(a) that the affidavit of any witness may be read at the trial on such conditions as the court thinks reasonable;

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(b) that the evidence of any particular fact shall be given at the trial in such manner as may be specified in the order and in particular—

(i) by statement on oath of information or belief; or

(ii) by the production of documents or entries in books; or

(iii) by copies of documents or entries in books; or

(iv) in the case of a fact which is or was a matter of common knowledge either generally or in a particular district, by the production of a specified newspaper containing a statement of that fact; and

(c) that not more than a specified number of expert witnesses may be called.

(2) An application to the registrar for an order under paragraph (1) shall—

(a) if no notice of intention to defend has been given; or

(b) if the applicant and every party who has given notice of intention to defend consents to the order sought; or

(c) if the cause is undefended and directions for trial have been given, be made ex parte by filing an affidavit stating the grounds on which the application is made.

(3) Where an application is made before the trial for an order that the affidavit of a witness may be read at the trial or that evidence of a particular fact may be given at the trial by affidavit, the proposed affidavit or a draft thereof shall be submitted with the application; and where the affidavit is sworn before the hearing of the application and sufficiently states the grounds on which the application is made, no other affidavit shall be required under paragraph (2).

(4) The court may, on the application of any party to a cause begun by application, make an order under R.S.C. Order 39, rule 1, for the examination on oath of any person, and R.S.C. Order 38, rule 9 or Order 39, (which regulate the procedure where evidence is to be taken by deposition) shall have effect accordingly with the appropriate modifications.

(5) On any application made by originating summons, summons, notice or motion, evidence may be given by affidavit unless these Rules otherwise provide or the court otherwise directs, but the court may, on the application of any party, order the attendance for cross-examination of the person making any such affidavit; and where, after such an order has been made, that person does not attend, his affidavit shall not be used as evidence without the leave of the court.

26. Evidence of marriage outside Bermuda

(1) The celebration of a marriage outside Bermuda and its validity under the law of the country where it was celebrated may, in any matrimonial proceedings in which the existence and validity of the marriage is not disputed, be proved by the evidence of one of the parties to the marriage and the production of a document purporting to be—

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(a) a marriage certificate or similar document issued under the law in force in that country; or

(b) a certified copy of an entry in a register of marriages kept under the law in force in that country.

(2) Where a document produced by virtue of paragraph (1) is not in English it shall, unless otherwise directed, be accompanied by a translation certified by a notary public or authenticated by affidavit.

(3) This rule shall not be construed as precluding the proof of a marriage in accordance with section 52 of the Evidence Act 1905 or in any other manner authorised apart from this rule.

PART 7TRIAL, ETC.

Mode of trial

27 Unless otherwise directed and subject to rule 30, every cause and any issue arising therein shall be tried by a judge without a jury.

Trial of issue

28 Where directions are given for the separate trial of any issue, the registrar shall, after those directions have been complied with, set down the issue for trial.

Further provisions as to date of trial

29 Except with the consent of the parties or by leave of a judge, no cause, whether defended or undefended, shall be tried until after the expiration of 10 days from the date on which directions for trial were given: Provided that nothing in this rule shall apply to a cause entered in the special procedure list.

30. Disposal of causes in special procedure list

(1) As soon as practicable after a cause has been entered in the special procedure list, the registrar shall consider the evidence filed by the applicant and—

(a) if he is satisfied that the applicant has sufficiently proved the contents of the application and is entitled to an order and any costs for which he prays and that there are no children of the family to whom section 45 of the Act applies, the registrar shall make and file a certificate to that effect;

(b) if he is not so satisfied he may either give the applicant an opportunity of filing further evidence or remove the cause from the special procedure list whereupon rule 22(3) shall cease to apply.

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(2) On the filing of a certificate under paragraph (1), a day shall be fixed for the pronouncement of an order by a judge in open court and the registrar shall send to each party notice of the day so fixed and a copy of the certificate, but it shall not be necessary for either party to appear on that day.

(3) Within 14 days after the pronouncement of an order in accordance with a certificate under paragraph (1), any person may inspect the certificate and the evidence filed under rule 22(2) and may request copies on payment of the prescribed fee.

31. Right to be heard on ancillary questions

(1) A respondent may, without filing an answer, be heard on—

(a) any question of custody of, or access to, any child of the family;

(b) any question whether a supervision order should be made as respects any such child under section 47 of the Act; and

(c) any question of ancillary relief.

(2) A respondent or party cited may, without filing an answer, be heard on any question as to costs but no allegation shall be made against a party claiming costs unless the party making the allegation has filed an answer.

(3) A party shall be entitled to be heard on any question pursuant to paragraph

(1) or (2), whether or not he has returned to the registry an acknowledgment of service stating his wish to be heard on that question.

(4) In proceedings after a conditional divorce order or a judicial separation order, no order the effect of which would be to make a party cited liable for costs which are not directly referable to the conditional divorce order or judicial separation order shall be made unless the party cited is a party to such proceedings or has been given notice of the intention to apply for such an order.

Respondent’s statement as to arrangements for children

32 A respondent on whom there is served a statement in accordance with rule 7(2) may, at any time before the judge makes an order under section 45 of the Act, file in the registry a written statement of his views on the present and proposed arrangements for the children, and on receipt of such a statement from the respondent the registrar shall send a copy to the applicant.

Order as to arrangements for children to be drawn up

33 Any order made pursuant to section 45(1) or (4) of the Act shall be drawn up.

34. Restoration of matters adjourned, etc. at the hearing

(1) Where at the trial of a cause any application is adjourned by the judge for hearing in chambers, it may be restored—

(a) by notice without a summons; or

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(b) by notice given by the registrar when in his opinion the matter ought to be further considered, and the notice shall state the place and time for the hearing of the restored application and be served on every party concerned.

(2) Where in proceedings for divorce, nullity of marriage or judicial separation the judge has not made an order pursuant to section 45(1) of the Act, paragraph (1) shall, unless the judge otherwise directs, apply as if an application with respect to the arrangements for the care and upbringing of any such child had been adjourned for hearing in chambers.

35. Recordings of proceedings at trial; exclusion

(1) Unless the judge otherwise directs, a recording shall be taken of the proceedings at the trial in open court of every cause pending in the court.

(2) A recording may be taken of any other proceedings before a judge if directions for the taking of such a recording are given by or on behalf of the Chief Justice.

(3) A party who has intervened in a cause, or the Attorney-General, shall be entitled to require from the court a copy of a recording of the proceedings, and the court shall, at the request of any person so entitled, supply that person with such copy of the whole or any part of the recording on payment of the prescribed fee.

(4) Except as aforesaid, a court shall not, without the permission of the court, furnish a copy of a recording of the whole or any part thereof of the proceedings to anyone.

(5) Section 3(2)(d) of the Supreme Court (Records) Act 1955 shall apply to a judge’s notes in any of the proceedings mentioned in these Rules.

(6) In this rule, “recording” means an audio-visual recording and includes a written transcript of a recording.

36. Application for re-hearing

(1) An application for re-hearing of a cause tried by a judge alone where no error of the court at the hearing is alleged, shall be made to a judge.

(2) Unless otherwise directed, the application shall be made to the judge by whom the cause was tried and shall be heard in open court.

(3) The application shall be made by a notice to attend before the judge on a day specified in the notice, and the notice shall state the grounds of the application.

(4) Unless otherwise directed, the notice must be issued within six weeks after the judgment and served on every other party to the cause not less than 14 days before the day fixed for the hearing of the application.

(5) The applicant shall file a certificate that the notice has been duly served on each person required to be served therewith.

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(6) The application shall be supported by an affidavit setting out the allegations on which the applicant relies or exhibiting a copy of any pleading which he proposes to file if the application is granted, and a copy of the affidavit shall be served on every other party to the cause.

(7) Not less than seven days before the application is heard the applicant shall file a copy of a transcript of so much as is relevant of any official shorthand note of the proceedings at the trial.

(8) Any other application for re-hearing shall be made by way of appeal to the Court of Appeal.

(9) This rule shall apply, with the necessary modifications, to a cause disposed of under rule 30 as it applies to a cause tried by a judge alone.

PART 8ORDERS

Orders

37 Every order made in open court and every other order which is required to be drawn up shall be drawn up by the registrar.

38. Application for rescission of order

(1) An application by a respondent under section 14(1) of the Act for the rescission of a divorce order shall be made to a judge and shall be heard in open court.

(2) Paragraphs (3) and (5) of rule 36 shall apply to an application under this rule as they apply to an application under that rule.

(3) Unless otherwise directed, the notice of the application shall be served on the applicant for a divorce order not less than 14 days before the day fixed for the hearing of the application.

(4) The application for a rescission of a divorce order shall be supported by an affidavit setting out the allegations on which the applicant relies and a copy of the affidavit shall be served on the applicant for the divorce.

39. Application under section 14 of the Act

(1) An application by the respondent to an application for a divorce order for the court to consider the financial position of the respondent after the divorce shall be made by notice in Form 15.

(2) Where an applicant is served with a notice in Form 15, then, unless he has already filed an affidavit under rule 7(3) or 53(2), he shall, within 14 days after the service of the notice, file an affidavit in answer to the application containing full particulars of his property and income, and if he does not do so, the court may order him to file an affidavit containing such particulars.

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(3) Within 14 days after service of any affidavit under paragraph (2) or within such other time as the court may fix, the respondent shall file an affidavit in reply containing full particulars of his property and income unless already given in an affidavit filed by him under rule 53(3).

(4) The powers of the court on the hearing of the application may be exercised by the registrar.

(5) At any time before the hearing of the application is concluded (and without prejudice to any right of appeal), the registrar may, and if so requested by either party shall, refer the application, or any question arising thereon, to a judge.

(6) A statement of any of the matters mentioned in section 14(3) of the Act with respect to which the court is satisfied, or, where the court has proceeded under section 14(4), a statement that the conditions for which that subsection provides have been fulfilled, shall be entered in the court minutes.

40. Copies of orders

(1) A copy of every order shall be sent by the registrar to every party to the cause.

(2) A sealed or other copy of an order made in open court shall be issued to any person requiring it on the payment of the prescribed fee.

41. Service of order

(1) Where an order made in matrimonial proceedings has been drawn up, the registrar shall, unless otherwise directed, send a copy of the order to every party affected by it.

(2) Where a party against whom the order is made is acting by an attorney, a copy may, if the registrar thinks fit, be sent to that party as if he were acting in person, as well as to his attorney.

(3) It shall not be necessary for the person in whose favour the order was made to prove that a copy of the order has reached any other party to whom it is required to be sent.

(4) This rule is without prejudice to R.S.C. Order 45, rule 7 (which deals with the service of an order to do an act), and any other rule or enactment for the purposes of which an order is required to be served in a particular way.

42. Intervention to show cause by Attorney-General

(1) If the Attorney-General wishes to show cause against a conditional divorce order being made final, he shall give notice to that effect to the registrar and to the party in whose favour it was pronounced.

(2) Within 21 days after giving notice under paragraph (1) the Attorney-General shall file his plea setting out the grounds on which he desires to show cause, together with a copy for service on the party in whose favour the order was pronounced and every other party affected by the order.

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(3) The registrar shall serve a copy of the plea on each of the persons mentioned in paragraph (2).

(4) Subject to the following provisions of this rule, these Rules shall apply to all subsequent pleadings and proceedings in respect of the plea as if it were an application by which a cause is begun.

(5) If no answer to the plea is filed within the time limited or, if an answer is filed and struck out or not proceeded with, the Attorney-General may apply forthwith by motion for an order rescinding the order and dismissing the application for a divorce order.

(6) Rule 22 shall apply to proceedings in respect of a plea by the Attorney- General as it applies to the trial of a cause, so however that if all the charges in the plea are denied in the answer the application for directions shall be made by the Attorney- General and in any other case it shall be made by the party in whose favour the conditional divorce order has been pronounced.

43. Intervention to show cause by person other than Attorney-General

(1) If any person other than the Attorney-General wishes to show cause under section 13 of the Act against a conditional divorce order being made final, he shall file an affidavit stating the facts on which he relies and a copy shall be served on the party in whose favour the order was pronounced.

(2) A party on whom a copy of an affidavit has been served under paragraph (1) may, within 14 days after service, file an affidavit in answer and, if he does so, a copy thereof shall be served on the person showing cause.

(3) The person showing cause may file an affidavit in reply within 14 days after service of the affidavit in answer and, if he does so, a copy shall be served on each party who was served with a copy of his original affidavit.

(4) No affidavit after an affidavit in reply shall be filed without leave.

(5) Any person who files an affidavit under paragraph (1), (2) or (3) shall at the same time file a copy for service on each person required to be served therewith and the registrar shall thereupon serve the copy on that person.

(6) A person showing cause shall apply to the judge for directions within 14 days after expiry of the time allowed for filing an affidavit in reply or, where no affidavit in answer has been filed, within 14 days after expiry of the time allowed for filing such an affidavit.

(7) If the person showing cause does not apply under paragraph (6) within the time limited, the person in whose favour the order was pronounced may do so.

44. Rescission of conditional divorce order by consent

(1) Where, after a conditional divorce order has been pronounced but before it has been made final, a reconciliation has been effected between the applicant and the respondent, either party may apply for an order rescinding the conditional divorce order by consent.

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(2) The application shall be made on notice to the other spouse and to any other party against whom costs have been awarded or who is otherwise affected by the order, and a copy of the summons and affidavit in support by which the application is made shall be served on every such person.

(3) The application shall be made to a judge and may be heard in chambers.

45. Final order on lodging notice

(1) Subject to rule 46(1), an application by a spouse to make final a conditional divorce order pronounced in his favour may be made by lodging with the registrar a notice in Form 11.

(2) On the lodging of such a notice, the registrar shall search the court minutes and if he is satisfied—

(a) that no appeal against the final order and no application for re-hearing of the cause or for rescission of the conditional order is pending;

(b) that no order has been made by the Court of Appeal extending the time for appealing against the conditional order or by a judge extending the time for making an application for re-hearing of the cause or, if any such order has been made, that the time so extended has expired;

(c) that no application for such an order as is mentioned in subparagraph

(b) is pending;

(d) that no intervention under rule 42 or 43 is pending;

(e) that the judge has made an order under section 45(1) of the Act;

(f) that the provisions of section 14(1) to (4) of the Act do not apply or have been complied with, the registrar shall make the order final. Provided that if the notice is lodged more than 12 months after the conditional order, the registrar may require the applicant to file an affidavit accounting for the delay and may make such order on the application as he thinks fit or refer the application to a judge.

46. Final order on application

(1) In the following cases an application for a conditional divorce order to be made final shall be made to a judge, that is to say—

(a) where, within six weeks after a conditional divorce order has been pronounced, the Attorney-General gives to the registrar and to the party in whose favour the order was pronounced a notice that he requires more time to decide whether to show cause against the order being made final and the notice has not been withdrawn; or

(b) where there are other circumstances which ought to be brought to the attention of the court before a conditional divorce order is made final.

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(2) Unless otherwise directed, the summons and affidavit in support by which the application is made shall be served on every party to the cause (other than the applicant) and, in a case to which subparagraph (1)(a) applies, on the Attorney-General.

(3) An application by a spouse for a conditional divorce order pronounced against him to be made final may be made to a judge or the registrar, and the summons and affidavit in support by which the application is made shall be served on the other spouse not less than four clear days before the day on which the application is heard.

(4) An order granting an application under this rule shall not take effect until the registrar has searched the court minutes and is satisfied as to the matters mentioned in rule 45(2).

47. Indorsement and certificate of final divorce order

(1) Where a conditional divorce order is made final, the registrar shall make an indorsement to that effect on the order, stating the precise time at which it was made final.

(2) On a conditional divorce order being made final, the registrar shall send to the applicant and the respondent a certificate in Form 12 or Form 13, whichever is appropriate, authenticated by the seal of the court.

(3) An index of final divorce orders shall be kept at the registry and any person shall be entitled to require a search to be made therein, and to be furnished with a certificate of the result of the search, on payment of the prescribed fee.

(4) A certificate in Form 12 or Form 13 that a conditional divorce order has been made final shall be issued to any person requiring it on payment of the prescribed fee.

PART 9ANCILLARY RELIEF

48. Application by applicant or respondent for ancillary relief

(1) Any application by an applicant for an order of divorce, nullity of marriage or judicial separation or by a respondent who files an answer claiming relief, for—

(a) an order for maintenance pending suit;

(b) a financial provision order;

(c) a property adjustment order, shall be made in the application for an order of divorce, nullity of marriage or judicial separation or answer, as the case may be.

(2) Notwithstanding anything in paragraph (1), an application for ancillary relief which should have been made in the application for an order of divorce, nullity of marriage or judicial separation or answer may be made subsequently—

(a) by leave of the court, either by notice in Form 14 or at the trial; or

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(b) where the parties are agreed upon the terms of the proposed order, without leave by notice in Form 14.

(3) An application by an applicant or respondent for ancillary relief, not being an application which is required to be made in the application for an order of divorce, nullity of marriage or judicial separation or answer, shall be made by notice in Form 14.

Application by guardian, etc. for ancillary relief in respect of children

49 Any of the following persons, namely—

(a) the guardian of any child of the family;

(b) any person who has the custody or the care and control of a child of the family under an order of the court;

(c) any person who has obtained leave to intervene in the cause for the purpose of applying for the custody of a child of the family;

(d) the Director if appointed the guardian ad litem of a child of the family under rule 80; and

(e) any other person in whose care a child of the family is and who has obtained leave to intervene in the cause for the purpose of applying for ancillary relief in respect of that child, may apply for an order for ancillary relief as respects that child by notice in Form 14.

Application in Form 14 or Form 15

50 Where an application for ancillary relief is made by notice in Form 14 or an application under rule 39 is made by notice in Form 15, the notice shall be filed in the registry and within four days after filing the notice the applicant shall serve a copy on the respondent to the application.

Application for ancillary relief after order of magistrates’ court

51 Where an application for ancillary relief is made while there is in force an order of a magistrates’ court for maintenance of a spouse or child, the applicant shall file a copy of the order on or before the hearing of the application.

52. Children to be separately represented on certain applications

(1) Where an application is made to the court for an order for a variation of settlement, the court shall, unless it is satisfied that the proposed variation does not adversely affect the rights or interests of any children concerned, direct that the children be separately represented on the application, by an attorney, and may appoint the Director or other fit person to be guardian ad litem of the children for the purpose of the application.

(2) On any other application for ancillary relief the court may give such a direction or make such appointment as it is empowered to give or make by paragraph (1).

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(3) Before a person other than the Director is appointed guardian ad litem under this rule, there shall be filed a certificate by the attorney acting for the children that the person proposed as guardian has no interest in the matter adverse to that of the children and that he is a proper person to be such guardian.

53. General provisions as to evidence, etc. on application for ancillary relief

(1) An applicant or respondent who has applied for ancillary relief in his application for an order of divorce, nullity of marriage or judicial separation or answer and who intends to proceed with the application before the registrar shall, subject to rule 61, file a notice in Form 16 and within four days after doing so serve a copy on the other spouse.

(2) Where a respondent or an applicant is served with a notice in Form 14 or Form 16 in respect of an application for ancillary relief, not being an application to which rule 54 or 55 applies, then, unless the parties are agreed upon the terms of the proposed order, he shall, within 14 days after service of the notice, file an affidavit in answer to the application containing full particulars of his property and income, and if he does not do so, the court may order him to file an affidavit containing such particulars.

(3) Within 14 days after service of any affidavit under paragraph (2) or within such other time as the court may fix, the applicant shall file an affidavit in reply containing full particulars of his property and income.

54. Evidence on application for property adjustment or avoidance of disposition order

(1) Where an application is made for a property adjustment order, or an avoidance of disposition order, the application shall state briefly the nature of the adjustment proposed or the disposition to be set aside and the notice in Form 14 or Form 16, as the case may be, shall, unless otherwise directed, be supported by an affidavit by the applicant stating the facts relied on in support of the application.

(2) The affidavit in support shall contain, so far as known to the applicant, full particulars—

(a) in the case of an application for a transfer or settlement of property—

(i) of the property in respect of which the application is made;

(ii) of the property to which the party against whom the application is made is entitled either in possession or reversion;

(b) in the case of an application for an order for a variation of settlement—

(i) of all settlements, whether ante-nuptial or post-nuptial, made on the spouses; and

(ii) of the funds brought into settlement by each spouse;

(c) in the case of an application for an avoidance of disposition order—

(i) of the property to which the disposition relates;

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(ii) of the persons in whose favour the disposition is alleged to have been made, and in the case of a disposition alleged to have been made by way of settlement, of the trustees and the beneficiaries of the settlement.

(3) Where an application for a property adjustment order or an avoidance of disposition order relates to land, the affidavit in support shall, in addition to containing any particulars required by paragraph (2) give particulars, so far as known to the applicant, of any mortgage of the land or any interest therein.

(4) A copy of Form 14 or Form 16, as the case may be, together with a copy of the supporting affidavit, shall be served on the following persons as well as on the respondent to the application, that is to say—

(a) in the case of an application for an order for a variation of settlement order, the trustees of the settlement and the settlor if living;

(b) in the case of an application for an avoidance of disposition order, the person in whose favour the disposition is alleged to have been made;

(c) in the case of an application to which paragraph (3) refers, any mortgagee of whom particulars are given pursuant to that paragraph, and such other persons, if any, as the registrar may direct.

(5) Any person served with notice of an application to which this rule applies may, within 14 days after service, file an affidavit in answer.

55. Evidence on application for variation order

(1) An application for a variation order shall be supported by an affidavit by the applicant setting out full particulars of his property and income and the grounds on which the application is made.

(2) The respondent to the application may, within 14 days after service of the affidavit, file an affidavit in answer.

56. Service of affidavit in answer or reply

(1) A person who files an affidavit for use on an application under rule 53, 54 or

55 shall at the same time serve a copy on the opposite party and it shall be indorsed with a notice in Form 17 and a copy of the affidavit or of such part thereof as the court may direct, indorsed as aforesaid, shall be served on that person by the person who files the affidavit, and the person against whom the allegation is made shall be entitled to intervene in the proceedings by applying for directions under rule 57(6) within eight days of service of the affidavit on him, inclusive of the day of service.

(2) Rule 31(4) shall apply to a person served with an affidavit under paragraph

(1) of this rule as it applies to a party cited.

57. Investigation by registrar of application for ancillary relief

(1) On or after the filing of a notice in Form 14 or Form 16 an appointment shall be fixed for the hearing of the application by the registrar.

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(2) An application for an avoidance of disposition order shall, if practicable, be heard at the same time as any related application for financial relief.

(3) Notice of the appointment, unless given in Form 14 or Form 16 (as the case may be) shall be given by the registrar to every party to the application.

(4) Any party to an application for ancillary relief may by letter require any other party to give further information concerning any matter contained in any affidavit filed by or on behalf of that other party or any other relevant matter, or to furnish a list of relevant documents or to allow inspection of any such document, and may, in default of compliance by such other party, apply to the registrar for directions.

(5) At the hearing of an application for ancillary relief the registrar shall, subject to rule 59, investigate the allegations made in support of and in answer to the application, and may take evidence orally and may order the attendance of any person for the purpose of being examined or cross-examined, and may at any stage of the proceedings order the discovery and production of any document or require further affidavits.

(6) The registrar may at any stage of the proceedings give directions as to the filing and service of pleadings and as to the further conduct of the proceedings.

(7) Where any party to such an application intends on the day appointed for the hearing to apply only for directions, he shall file and serve on every other party a notice to that effect.

58. Applications heard by registrar

(1) Except in a case to which rule 59 applies and subject to paragraph (2), the registrar shall, after completing his investigation under rule 57, make such order as he thinks just.

(2) The registrar may at any time refer the application, or any question arising thereon, to a judge for his decision.

(3) Pending the final determination of the application, the registrar may make an interim order upon such terms as he thinks just.

59. Applications heard by judge

(1) In the case of an application for an avoidance of disposition order and any related application for financial relief which is being heard at the same time, the registrar shall, after completing his investigation under rule 57, report the result thereof in writing to a judge to whom the application shall be adjourned.

(2) The registrar’s report shall contain an estimate of the financial relief to which, in his opinion, the applicant is entitled (if he has not already obtained an order for financial relief), and of the relief to which, in the registrar’s opinion, the applicant would be entitled if the application were granted.

(3) The registrar’s report shall be filed and any party shall be entitled to inspect the report and to be supplied with a copy on payment of the prescribed fee.

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(4) On the hearing of the application, the judge may confirm or vary the registrar’s report or make such other order as he thinks just.

(5) Where the parties come to an agreement as to the terms of the order to be made on the application, an order in those terms may be made by the registrar and the foregoing provisions of this rule shall not apply.

60. Arrangements for hearing of application etc. by judge

(1) Where an application for ancillary relief or any question arising thereon has been referred or adjourned to a judge, the registrar shall fix a date and time for the hearing of the application or the consideration of the question and give notice thereof to all parties.

(2) The hearing or consideration shall, unless otherwise directed, take place in chambers.

61. Request for periodical payments order at same rate as order for maintenance pending suit

(1) Where at or after the date of a conditional divorce order or nullity of marriage order, an order for maintenance pending suit is in force, the party in whose favour the order was made may, if he has made an application for an order for periodical payments for himself in his application for an order of divorce or nullity of marriage or answer, as the case may be, request the registrar in writing to make such an order (in this rule referred to as a “corresponding order”) providing for payments at the same rate as those provided for by the order for maintenance pending suit.

(2) Where such a request is made, the registrar shall serve on the other spouse a notice in Form 18 requiring him, if he objects to the making of a corresponding order, to give notice to that effect to the registrar and to the applicant within 14 days after service of the notice in Form 18.

(3) If the other spouse does not give notice of objection within the time aforesaid, the registrar may make a corresponding order without further notice to that spouse and without requiring the attendance of the applicant or his attorney, and shall in that case serve a copy of the order on the applicant as well as on the other spouse.

62. Application for order under section 41(2)(a) of the Act

(1) An application under section 41(2)(a) of the Act for an order restraining any person from attempting to defeat a claim for financial provision or otherwise for protecting the claim shall be made to a judge.

(2) Rule 60(1) shall apply, with the necessary modifications, to the application as if it were an application for ancillary relief.

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PART 10APPLICATIONS RELATING TO CHILDREN

63. Custody, care and supervision of children

(1) Subject to paragraph (2), an application for an order relating to the custody or education of a child, or for an order providing for his supervision under section 47 of the Act, shall be made to a judge.

(2) An application by the applicant for an order of divorce, nullity of marriage or judicial separation or the respondent for access to a child of the family, where the other party consents to give access and the only question for determination is the extent to which access is to be given, may be made to the registrar.

(3) Without prejudice to the right of any other person entitled to apply for an order as respects a child, the guardian of any child of the family and any other person who, by virtue of an order of a court, has the custody or control of such a child or his care or supervision in pursuance of section 47 of the Act may, without obtaining leave to intervene in the cause, apply by summons for such an order as is mentioned in paragraph (1).

(4) On any application to a judge relating to the custody, care and control of, or access to, a child—

(a) neither the applicant nor the respondent shall be entitled to be heard in support of or, as the case may be, in opposition to the application unless he is available at the hearing to give oral evidence or the judge otherwise directs;

(b) the judge may refuse to admit any affidavit by any person (other than the applicant or respondent) who is or is proposed to be responsible for the child’s care and upbringing or with whom the child is living or is proposed to live unless that person is available at the hearing to give oral evidence.

(5) The court may at any stage of the proceedings give directions as to the filing and service of pleadings and as to the further conduct of the proceedings.

Further provisions as to orders under section 47 of the Act

64 An application by the Director of Child and Family Services for the variation or discharge of an order made under section 47 of the Act or for directions as to the exercise of his powers under the order may, in case of urgency or where the application is unlikely to be opposed, be made by letter addressed to the court and the authority or officer shall, if practicable, notify any interested party of the intention to make the application.

65. Removal of child out of Bermuda

(1) In any cause begun by application, the applicant or the respondent may apply at any time for an order prohibiting the removal of any child of the family under 18 out of Bermuda without the leave of the court except on such terms as may be specified in the order.

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Unless otherwise directed, an application under this paragraph may be made ex parte.

(2) Unless otherwise directed, any order relating to the custody or care and control of a child shall provide for the child not to be removed out of Bermuda without the leave of the court except on such terms as may be specified in the order.

(3) An application for leave to remove a child out of Bermuda shall be made to a judge except in the following cases when it may be made to the registrar, namely—

(a) where the application is unopposed, or

(b) where the application is for the temporary removal of the child and is opposed on a ground which in the opinion of the registrar relates only to the arrangements for the care of the child during the removal or any other incidental matter.

66. Reference to Director of Child and Family Services

(1) A judge or the registrar may at any time refer to the Director of Child and Family Services for investigation and report any matter arising in matrimonial proceedings which concerns the welfare of a child.

(2) Without prejudice to paragraph (1), any party to an application to which rule

65 applies may, before the application is heard, request the registrar to call for a report from the Director on any matter arising on the application, and if the registrar is satisfied that the other parties to the application consent and that sufficient information is available to enable the Director to carry out the investigation, the registrar may refer the matter to the Director for investigation and report before the hearing.

(3) Where a reference is made under this rule—

(a) the Director may inspect the court file;

(b) after completing his investigation, the Director shall file his report and the registrar shall thereupon notify the parties that they may inspect it and may request copies on payment of the prescribed fee;

(c) the registrar shall give notice to the Director of the date of hearing of the application or other proceeding.

Notice of other proceedings relating to children

67 If, while a cause is pending, proceedings relating to any child of the family are begun in the Supreme Court or a magistrates’ court, a concise statement of the nature of the proceedings shall forthwith be filed by the person beginning the proceedings or, if he is not a party to the cause, by the applicant.

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PART 11OTHER APPLICATIONS

68. Application in case of wilful neglect to maintain

(1) Every application under section 31 of the Act shall be made by originating summons, which must, unless otherwise directed, contain the information required by Form 20.

(2) There shall be filed with the application an affidavit by the applicant verifying the statements in the application and also a copy of the application and of the affidavit for service on the respondent.

(3) If the registrar does not consider it practicable to fix a day for the hearing of the application at the time when it is issued, he may do so subsequently and in that case he shall forthwith give notice of the day to all parties.

(4) Within 14 days after the time limited for giving notice of intention to defend, the respondent shall, if he intends to contest the application, file an answer setting out the grounds on which he relies (including any allegation which he wishes to make against the applicant), and shall in any case, unless otherwise directed, file an affidavit containing full particulars of his property and income, and the registrar shall serve a copy of the answer, if any, and of the affidavit on the applicant.

(5) A party cited who wishes to defend all or any of the charges made against him shall, within 21 days after the time limited for giving notice of intention to defend, file an answer and the registrar shall serve a copy of the answer on the respondent.

(6) If the respondent does not file an affidavit in accordance with paragraph (4), the court may order him to file an affidavit containing full particulars of his property and income, and the registrar shall serve a copy of any such affidavit on the applicant.

(7) Within 14 days after being served with a copy of any answer filed by the respondent, the applicant may file a reply, and in that case the registrar shall serve a copy on the respondent and on any party cited.

(8) Within 14 days after being served with a copy of the respondent’s affidavit, the applicant may file a further affidavit as to means and as to any fact stated in the respondent’s affidavit which he wishes to dispute, and in that case the registrar shall serve a copy on the respondent.

(9) No further affidavit shall be filed without leave.

(10) An applicant, respondent or party cited who files an answer, affidavit or reply under any of the preceding paragraphs of this rule shall at the same time file a copy for service on every party required to be served therewith.

69. Hearing of applications under rule 68

(1) On the hearing of the application under rule 70 the judge may make such order as he thinks just or may refer the application (except any claim for custody), or any

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application for an order under section 31(5) of the Act, to the registrar for him to investigate the means of the parties to the marriage.

(2) Where an application is referred to the registrar under paragraph (1) he shall fix an appointment for the hearing of the application and the provisions of these Rules relating to ancillary relief shall apply subject to the modification that in rule 59(1) for the words from “In the case of” to “the same time” there shall be substituted the words

“Except where the application is for an order made under section 31(5) of the Act or the judge has made a finding that there has been wilful neglect to maintain”.

(3) Where a person has been made a party cited, the judge may, if after the close of the evidence on the part of the respondent, he is of the opinion that there is not sufficient evidence against the party cited, dismiss him from the proceedings.

(4) Subject to the provisions of this rule and rule 68, these Rules shall, so far as applicable, apply, with the necessary modifications, to an application under section 31 of the Act as if—

(a) the application were a cause; and

(b) the originating application were an application.

70. Application for alteration of maintenance agreement during lifetime of parties

(1) An application under section 39 of the Act for the alteration of a maintenance agreement shall be made by originating summons containing, unless otherwise directed, the information required by Form 19.

(2) The application may be heard and determined by the registrar.

(3) There shall be filed with the application an affidavit by the applicant exhibiting a copy of the agreement and verifying the statements in the application and also a copy of the application and of the affidavit for service on the respondent.

(4) The respondent shall, within 14 days after the time limited for giving notice of intention to defend, file an affidavit in answer to the application containing full particulars of his property and income and, if he does not do so, the court may order him to file an affidavit containing such particulars.

(5) A respondent who files an affidavit under paragraph (4) shall at the same time file a copy which the registrar shall serve on the applicant.

(6) Rules 56, 57(4) to (7), 58 and 60 shall apply, with the necessary modifications, to an application under section 39 of the Act as if it were an application for ancillary relief.

(7) Subject to this rule, these Rules shall, so far as applicable, apply, with the necessary modifications, to an application under section 39 of the Act as if the application were a cause, the originating application a petition, and the applicant a petitioner.

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71. Application for alteration of maintenance agreement after death of one party

(1) An application under section 40 of the Act for the alteration of a maintenance agreement after the death of one of the parties shall be made by originating summons in Form 21.

(2) There shall be filed in support of the summons an affidavit by the applicant exhibiting a copy of the agreement and an official copy of the grant of representation to the deceased’s estate and of every testamentary document admitted to proof and stating—

(a) whether the deceased died domiciled in Bermuda;

(b) the place and date of the marriage between the parties to the agreement and the name and status of the wife before the marriage;

(c) the name of every child of the family and of any other child for whom the agreement makes financial arrangements, and—

(i) the date of birth of each such child who is still living (or, if it be the case, that he has attained 18), and the place where and the person with whom any such minor child is residing;

(ii) the date of death of any such child who has died since the agreement was made;

(d) whether there have been in any court any, and if so what, previous proceedings with reference to the agreement or to the marriage or to the children of the family or to any other children for whom the agreement makes financial arrangements, and the date and effect of any order or decree made in such proceedings;

(e) whether there have been any proceedings by the applicant against the deceased’s estate under Part III of the Succession Act 1974 and the date and effect of any order made in such proceedings;

(f) in the case of an application by the surviving party, the applicant’s means;

(g) in the case of an application by the estate representatives of the deceased, the surviving party’s means, so far as they are known to the applicants, and the information mentioned in sub-paragraph (a), (b) and

(c) of rule 72(3);

(h) the facts alleged by the applicant as justifying an alteration in the agreement and the nature of the alteration sought;

(i) if the application is made after the end of the period of six months from the date on which representation in regard to the deceased’s estate was first taken out, the grounds on which the court’s permission to entertain the application is sought.

(3) There shall be lodged in the registry a copy of the summons and of the affidavit for service on every respondent.

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(4) The registrar shall annex to every copy of the summons for service a copy of the affidavit in support and an acknowledgment of service in Form 7.

72. Further proceedings on application under rule 71

(1) Without prejudice to his powers under R.S.C. Order 15 (which deals with parties and other matters), the registrar may at any stage of the proceedings direct that any person be added as a respondent to an application under rule 71.

(2) R.S.C. Order 15, rule 13 (which enables the court to make representation orders in certain cases), shall apply to the proceedings as if they were mentioned in the said rule 13.

(3) A respondent who is an estate representative of the deceased shall, within 14 days after the time limited for giving notice of intention to defend, file an affidavit in answer to the application stating—

(a) full particulars of the value of the deceased’s estate for probate, after providing for the discharge of the funeral, testamentary and administration expenses, debts and liabilities payable thereout;

(b) the person or classes of persons beneficially interested in the estate (giving the names and addresses of all living beneficiaries) and the value of their interests so far as ascertained; and

(c) if such be the case, that any living beneficiary (naming him) is a minor or a patient within the meaning of rule 77.

(4) If a respondent who is an estate representative of the deceased does not file an affidavit stating the matters mentioned in paragraph (3), the registrar may order him to do so.

(5) A respondent who is not an estate representative of the deceased may, within

14 days after the time limited for giving notice of intention to defend, file an affidavit in answer to the application.

(6) Every respondent who files an affidavit in answer to the application shall at the same time lodge a copy, which the registrar shall serve on the applicant.

(7) The registrar shall, after investigating the allegations in support of and in answer to the application, report the result of his investigation in writing to a judge and the application shall be determined by a judge: Provided that where the parties come to an agreement as to the terms of the order to be made on the application, an order in those terms may be made by the registrar.

(8) Rules 56, 57(4) to (7), 59(3) and (4) and 60(1) and (2) shall apply, with the necessary modifications, to an application under section 40 of the Act as if it were an application for ancillary relief.

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(9) Subject to this rule, these Rules shall, so far as applicable, apply, with the necessary modifications, to an application under section 40 of the Act as if the application were a cause, and the originating summons an application.

73. Application for maintenance from deceased’s estate

(1) An application under Part III of the Succession Act 1974 by a dependant of a deceased person for an order that reasonable provision for his or her maintenance be made out of the net estate of the deceased shall be made by originating summons in Form 22.

(2) There shall be filed in support of the summons an affidavit by the applicant exhibiting an official copy of the grant of representation to the deceased’s estate and of every testamentary document admitted to proof and stating—

(a) the residence of the applicant;

(b) the place and date of the marriage between the applicant and the deceased and the name and status of the wife before the marriage;

(c) the name of any child of the family and—

(i) the date of birth of each such child who is still living (or, if such be the case, that he has attained 18), and the place where and the person with whom any such minor child is residing;

(ii) the date of death of any such child who has died since the marriage was dissolved or annulled;

(d) particulars of all previous proceedings with reference to the marriage or the children of the family, and the date and effect of any order made in those proceedings;

(e) whether any such application as is mentioned in section 15 of the Succession Act 1974 was made or deemed to be made by the applicant during the lifetime of the deceased and, if so, the date and effect of the order (if any) made on the application, or (if no such application was made by the applicant or such an application was made by the applicant and no order was made on the application) the reasons why no such application or order was made, in so far as they are within the applicant’s knowledge or belief;

(f) the date of the deceased’s death;

(g) the applicant’s means;

(h) the nature of the provision which the applicant desires to be made for his or her maintenance out of the deceased’s estate;

(i) that the applicant has not remarried;

(j) if the application is made after the end of the period of six months from the date on which representation in regard to the deceased’s estate was

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first taken out, the grounds on which the court’s permission to entertain the application is sought.

(3) The procedure on an application to which this rule applies shall be the same as on an application to which rule 71 applies and paragraphs (3) and (4) of that rule and rule 72 shall apply accordingly, with any necessary modifications.

(4) On the hearing of the application the estate representatives shall produce to the judge the grant of representation to the deceased’s estate and, if an order is made, the grant shall remain in the custody of the court until a memorandum of the order has been indorsed thereon or permanently affixed thereto.

74. Application for declaration affecting matrimonial status

(1) Where, apart from costs, the only relief sought in any proceedings is a declaration with respect to a person’s matrimonial status, the proceedings shall begin by application.

(2) The application shall state—

(a) the names of the parties and the residential address of each of them at the date of presentation of the application;

(b) the place and date of any ceremony of marriage to which the application relates;

(c) whether there have been any previous proceedings in any court in Bermuda or elsewhere between the parties with reference to the marriage or the ceremony of marriage to which the application relates or with respect to the matrimonial status of either of them, and, if so, the nature of the proceedings;

(d) all other material facts alleged by the applicant to justify the making of the declaration and the grounds on which he alleges that the court has jurisdiction to make it, and shall conclude with a prayer setting out the declaration sought and any claim for costs.

(3) Nothing in the foregoing provisions shall be construed—

(a) as conferring any jurisdiction to make a declaration in circumstances in which the court could not otherwise make it; or

(b) as affecting the power of the court to refuse to make a declaration notwithstanding that it has jurisdiction to make it.

(4) This rule does not apply to proceedings to which rule 75 applies.

75. Application under section 48 of the Act

(1) A petition by which proceedings are begun under section 48 of the Act shall, in addition to stating the grounds on which the petitioner relies, set out the date and place of birth of the petitioner and the maiden name of his mother, and, if the petitioner

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is known by a name other than that which appears in the certificate of his birth, that fact shall be stated in the petition and in any decree made thereon.

(2) The petition shall be supported by an affidavit by the petitioner verifying the petition and giving particulars of every person whose interest may be affected by the proceedings and his relationship to the petitioner: Provided that if the petitioner is under 16, the affidavit shall, unless otherwise directed, be made by his next friend.

(3) An affidavit for the purposes of paragraph (2) may contain statements of information or belief with the sources and grounds thereof.

(4) On filing the petition the petitioner shall issue and serve on the Attorney- General a summons for directions as to the persons, other than the Attorney-General, who are to be made respondents to the petition.

(5) It shall not be necessary to serve the petition on the Attorney-General otherwise than by delivering a copy of it to him in accordance with section 48(5) of the Act.

(6) The Attorney-General may file an answer to the petition within 21 days after directions have been given under paragraph (4) and no directions for trial shall be given until that period has expired.

(7) A respondent who files an answer shall at the same time lodge in the divorce registry as many copies of the answer as there are other parties to the proceedings and the registrar shall send one of the copies to each of those parties.

76. General provisions as to proceedings under rule 75 or rule 76

(1) Where the proceedings are proceedings for a declaration as to the validity or subsistence of a marriage of the petitioner, rule 8(2) shall apply to the petition as if it were an application for a divorce order.

(2) Subject to rules 74 and 75 and paragraph (1) of this rule, these Rules shall, so far as applicable, apply, with the necessary modifications, to the proceedings as if they were a cause.

PART 12DISABILITY

77. Person under disability must sue by next friend; etc

(1) In this rule—

“Part IV” means Part IV of the Mental Health Act 1968;

“patient” means a person who, by reason of mental disorder within the meaning of the Mental Health Act 1968, is incapable of managing and administering his property and affairs;

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“person under disability” means a person who is a minor or a patient.

(2) A person under disability may begin and prosecute any matrimonial proceedings by his next friend and may defend any such proceedings by his guardian ad litem and, except as otherwise provided by this rule, it shall not be necessary for a guardian ad litem to be appointed by the court.

(3) No person’s name shall be used in any proceedings as next friend of a person under disability unless the documents mentioned in paragraph (8) have been filed.

(4) Where a person is authorised under Part IV to conduct legal proceedings in the name of a patient or on his behalf, that person shall, subject to paragraph (3), be entitled to be next friend or guardian ad litem of the patient in any matrimonial proceedings to which his authority extends.

(5) Where a person entitled to defend any matrimonial proceedings is a patient and there is no person authorised under Part IV to defend the proceedings in his name or on his behalf, then an application may be made on behalf of the patient for the appointment of a guardian ad litem, and there shall be filed in support of any application under this paragraph the documents mentioned in paragraph (8).

(6) Where an application, answer, or originating summons has been served on a person whom there is reasonable ground for believing to be a person under disability and no notice of intention to defend has been given, or answer or affidavit in answer filed, on his behalf, the party at whose instance the document was served shall, before taking any further step in the proceedings, apply to the registrar for directions as to whether a guardian ad litem should be appointed to act for that person in the cause, and on any such application the registrar may, if he considers it necessary in order to protect the interests of the person served, order that some proper person be appointed his guardian ad litem.

(7) No notice of intention to defend shall be given, or answer or affidavit in answer filed, by or on behalf of a person under disability unless the person giving the notice or filing the answer or affidavit in answer has filed the documents mentioned in paragraph (8).

(8) The documents referred to in paragraphs (3), (5) and (7) are—

(a) a written consent to act by the proposed next friend or guardian ad litem;

(b) where the person under disability is a patient and the proposed next friend or guardian ad litem is authorised under Part IV to conduct the proceedings in his name or on his behalf, an office copy of the order or other authorisation made or given under Part IV; and

(c) except where the proposed next friend or guardian ad litem is authorised as mentioned in sub-paragraph (b), a certificate by the attorney acting for the person under disability—

(i) that he knows or believes that the person to whom the certificate relates is a minor or patient stating (in the case of a patient) the grounds of his knowledge or belief and, where the person under

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disability is a patient, that there is no person authorised as aforesaid; and

(ii) that the person named in the certificate as next friend or guardian ad litem has no interest in the cause or matter in question adverse to that of the person under disability and that he is a proper person to be next friend or guardian ad litem.

78. Service on person under disability

(1) Where a document to which rule 11 applies is required to be served on a person under disability within the meaning of rule 77, it shall be served—

(a) in the case of a minor who is not also a patient, on his father or guardian or, if he has no father or guardian, on the person with whom he resides or in whose care he is;

(b) in the case of a patient—

(i) on the person (if any) who is authorised under Part IV of the Mental Health Act 1968 to conduct in the name of the patient or on his behalf the proceedings in connection with which the document is to be served; or

(ii) in any other case, on the person with whom the patient resides or in whose care he is: Provided that the court may order that a document which has been, or is to be, served on the person under disability or on a person other than one mentioned in sub-paragraph (a) or (b) shall be deemed to be duly served on the person under disability.

(2) Where a document is served in accordance with paragraph (1) it shall be indorsed with a notice in Form 23; and after service has been effected the person at whose instance the document was served shall, unless the court otherwise directs, file an affidavit by the person on whom the document was served stating whether the contents of the document were, or its purport was, communicated to the person under disability and, if not, the reasons for not doing so.

79. Application for nullity on ground of insanity, etc

(1) Where an application for a nullity of marriage order has been presented on the ground that at the time of the marriage the respondent was suffering from mental disorder within the meaning of the Mental Health Act 1968 of such a kind or to such an extent as to be unfitted for marriage, then, whether or not the respondent gives notice of intention to defend, the applicant shall not proceed with the cause without the leave of the registrar.

(2) The registrar by whom an application for leave is heard may make it a condition of granting leave that some proper person be appointed to act as guardian ad litem of the respondent.

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80. Separate representation of children

(1) Without prejudice to rule 52, if in any matrimonial proceedings it appears to the court that any child ought to be separately represented, the court may on the application of any proper person, appoint that person to be guardian ad litem of the child with authority to take part in the proceedings on the child’s behalf.

(2) The applicant for an order under paragraph (1) shall, on making the application, file a certificate by an attorney certifying that the person named in the certificate as the proposed guardian ad litem has no interest in the proceedings adverse to that of the child and that he is a proper person to be such guardian.

PART 13PROCEDURE: GENERAL

81. Service out of Bermuda

(1) Any document in matrimonial proceedings may be served out of Bermuda without leave either in the manner prescribed by these Rules or in accordance with R.S.C. Order 11, (which relates to the service of a writ abroad).

(2) Where the document is served in accordance with R.S.C. Order 11, that Order shall have effect in relation to service of the document as it has effect in relation to service of notice of a writ: Provided that in any case where a document is, under these Rules, required to be served personally, a certificate shall be furnished to show the server’s means of knowledge of the identity of the person served.

(3) Where an application for an order of divorce, nullity of marriage or judicial separation is to be served on a person out of Bermuda, then—

(a) the time within which that person must give notice of intention to defend shall be determined having regard to the practice adopted under R.S.C.

ORDER 11, rule 4(4) (which requires an order for leave to serve a writ out

of the jurisdiction to limit the time for appearance), and the notice in Form 5 shall be amended accordingly;

(b) if there is reasonable ground for believing that the person to be served does not understand English, the application shall be accompanied by a translation, approved by the registrar, of the notice in Form 5, in the official language of the country in which service is to be effected or, if there is more than one official language of that country, in any one of those languages which is appropriate to the place where service is to be effected: Provided that this sub-paragraph shall not apply in relation to a document which is to be served in a country in which the official language, or one of the official languages, is English.

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(4) Where a document specifying the date of hearing of any proceedings is to be served out of Bermuda, the date shall be fixed having regard to the time which would be limited under paragraph (3)(a) for giving notice of intention to defend if the document were an application.

Service by post or electronic means

82 Where a document is required by these rules to be sent to any person, it shall, unless otherwise directed, be sent by post or electronic means—

(a) if an attorney is acting for him, to the attorney’s physical office address or to the attorney’s electronic mail address;

(b) if he is acting in person, to the address for service given by him or, if he has not given an address for service, his last known address, but if in the opinion of the registrar the document would be unlikely to reach him if sent to that address, the registrar may dispense with sending the document to him;

(c) if he is acting in person, to the electronic mail address given by him as verified in an affidavit filed with the court.

Service of documents where no special mode of service prescribed

83 Unless otherwise directed, service of any document in matrimonial proceedings shall, if no other mode of service is prescribed or ordered, be effected—

(a) if an attorney is acting for the person to be served, by leaving the document at, or sending it by post to, the attorney’s address;

(b) if the person to be served is acting in person, by delivering the document to him or by leaving it at, or sending it by post to, the address for service given by him or, if he has not given an address for service, his last known address: Provided that where, in a case to which sub-paragraph (b) applies, it appears to the registrar that it is impracticable to deliver the document to the person to be served and that, if the document were left at, or sent by post to, the address specified in that subparagraph, it would be unlikely to reach him, the registrar may dispense with service of the document.

84. Proof of service by registrar

(1) Where an application is sent to any person by the registrar, he shall indorse on a copy of Form 5 the date of posting and the address written on the letter and shall sign the indorsement.

(2) An indorsement made pursuant to paragraph (1) shall be evidence of the facts stated therein.

(3) Where the court has authorised notice by advertisement to be substituted for service and the advertisement has been inserted by some person other than the registrar, that person shall file copies of the newspapers containing the advertisement.

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Mode of making applications

85 Except where these Rules, or any rules applied by these Rules, otherwise provide, every application in matrimonial proceedings—

(a) shall be made to the registrar;

(b) shall be made by summons.

No notice of intention to proceed after year’s delay

86 R.S.C. Order 3, rule 6 (which requires a party to give notice of intention to proceed after a year’s delay), shall not apply to any matrimonial proceedings.

Mode of giving notice

87 Unless otherwise directed, any notice which is required by these Rules to be given to any person shall be in writing and, if it is to be given by the registrar, shall be given by—

(a) post;

(b) personal service;

(c) electronic means where an application to the Court has been made and leave has been granted for substituted service by electronic means; or

(d) where an attorney is acting for the person to be served, by leaving the notice at, or sending it by post to the attorney’s address or electronic mail address.

PART 14MISCELLANEOUS

88. Inspection etc. of documents retained in court

(1) A party to any matrimonial proceedings or his attorney or the Attorney- General may have a search made for, and may inspect and request a copy of, any document filed or lodged in the registry in those proceedings.

(2) Except as provided by rules 30(3) and 66(3) and paragraph (1) of this rule, no document filed or lodged in the registry other than a decree or order made in open court, shall be open to inspection by any person without the leave of the registrar, and no copy of any such document, or of an extract from any such document, shall be taken by, or issued to, any person without such leave.

Appeals from registrar

89 A party may appeal from an order or decision of the registrar to a judge in chambers by summons to be issued within five days of the order or decision complained of and returnable on the first day on which summonses are heard after that period has elapsed but such appeal shall not, unless otherwise ordered, act as a stay of the order or decision complained of.

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Revocation

90 The Matrimonial Causes Rules 1974 are hereby revoked.

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APPENDIX

FORMS

Form 1 NOTICE OF APPLICATION UNDER RULE 4 In the Supreme Court of Bermuda

[Divorce Jurisdiction]

No. of Matter

(Seal)

In the Matter of a proposed application for dissolution of marriage Between Applicant and Respondent TAKE NOTICE THAT an application has been made by the above-named Applicant for leave to present an order for dissolution of his [her] marriage with you before the expiration of the period of three years from the date of the said marriage. If the application is undefended, it will be heard at the Supreme Court on the day of 20 , at o’clock, and if you do not attend at that time and place, such order will be made as the Court thinks just. A sealed copy of the application and of the affidavit to be used in support of the application is delivered with this notice. You must complete and detach the acknowledgement of service and send it so as to reach the Court within eight days after you receive this notice, inclusive of the day of receipt. Delay in returning the form may add to the costs. If you intend to instruct an attorney to act for you, you should at once give him all the documents which have been served on you, so that he may send the acknowledgement to the Court on your behalf. Dated this [blank] day of [blank] 20 [blank]. Registrar

To the Respondent

[Here set out Form 7]

Form 2 GENERAL FORM OF APPLICATION FOR DIVORCE [NULLITY OF MARRIAGE OR JUDICIAL SEPARATION] In the Supreme Court of Bermuda

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[Divorce Jurisdiction]

No. of Matter THE APPLICATION FOR DIVORCE OF SHOWS THAT—

(1) On the [blank] day of [blank] 20 [blank] the applicant [blank] was lawfully married to [blank] (hereinafter called the respondent) at [blank].

(2) The applicant and the respondent have cohabited at [state the last address at which they have cohabited in Bermuda] [or The applicant and the respondent have not cohabited in Bermuda].

(3) [In the case of an application for divorce, nullity of marriage, judicial separation or presumption of death and dissolution of marriage where it is alleged that the court has jurisdiction based on domicile] The applicant is domiciled in Bermuda [or The applicant is domiciled in and the respondent is domiciled in Bermuda] [or, where it is alleged that the court has jurisdiction based on ordinary residence] The applicant has [or The respondent has] [or The applicant and the respondent have] been ordinarily resident in Bermuda throughout the period of one year ending with the date of the presentation of the application [or as the case may be] [give details of the ordinary residence relied on including the addresses of places of residence during the one year period and the length of residence at each place]; the applicant is a [state occupation] [and resides at [blank], and the respondent is a [state occupation] [and resides at [blank].

(4) There is [are] [no [or state number] child[ren] of the family now living] [namely [state the full names (including surname) of each child and his date of birth or, if it be the case, that he is over 18 and in the case of each minor child over the age of 16, whether he is receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation]].

(5) [In the case of a husband’s application] No other child now living has been born to the respondent during the marriage so far as is known to the applicant [or in the case of a wife’s application] No other child now living has been born to the applicant during the marriage [except [state the name of any such child and his date of birth, or if it be the case, that he is over 18]].

(6) [Where there is a dispute whether a child is a child of the family] The applicant alleges that is [not] a child of the family because [give full particulars of the facts relied on by the applicant in support of his or her allegation that the child is or, as the case may be, is not, a child of the family].

(7) [Where an application is made in the order for an order for the support of a child of whom the respondent is not a parent] The respondent assumed responsibility for the maintenance of the said [blank] to the following extent and for the following time namely [give details]. There is no other person liable to maintain the said child [except [blank]] .

(8) There have been no previous proceedings in any court in Bermuda or elsewhere with reference to the marriage [or to any children of the family] [or between the applicant and the respondent with reference to any property of either or both of them] [except [state the nature of the proceedings, the date and effect of any decree or order and, in the case of

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proceedings with reference to the marriage, whether there has been any resumption of cohabitation since the making of the final order]].

(9) There are no proceedings continuing in any country outside Bermuda which are in respect of the marriage or are capable of affecting its validity or subsistence [except [give particulars of the proceedings, including the court in or tribunal or authority before which they were begun, the date when they were begun, the names of the parties, the date or expected date of any trial in the proceedings and such other facts as may be relevant to the question whether the proceedings on the application should be stayed under Schedule 1 to the Matrimonial Causes Act 1974]].

(10) The following [or No] agreement or arrangement has been made or is proposed to be made between the parties for the support of the respondent [or the applicant] [and the said children] [namely [state details]].

(11) The applicant proposes, if a conditional order is granted, to make the following financial provision for the respondent [give details of any proposal not mentioned in paragraph (10)] [or The applicant makes no proposals for financial provision for the respondent in the event of a conditional order being granted].

(12) The applicant proposes, if a divorce order is granted, to make the following financial provision for the respondent [give details of any proposal not mentioned in paragraph (11)] [or The applicant makes no proposals for financial provision for the respondent in the event of a divorce order being granted].

(13) [In the case of an application for divorce] The said marriage has broken down irretrievably as has been described in the particulars set out in paragraph (14) in support of this statement of irretrievable breakdown.

(14) [ [In an application for a divorce order or judicial separation] The said marriage has broken down irretrievably due to [give details with sufficient particularity of the reasons that the marriage has broken down] [or, where the application is not for a divorce order or judicial separation order, set out the ground on which relief is sought, and in any case state with sufficient particularity the facts relied on but not the evidence by which they are to be proved].

(15) The following email address is a valid email address that can be used for the purposes of effecting service on the applicant [state details]. The applicant therefore prays—

(1) That the said marriage may be dissolved [or declared void] [or annulled] [or as the case may be].

(2) That he [she] may be granted the custody of [state name[s] of the child[ren] and add any application for a declaration under section 46(3) of the Matrimonial Causes Act 1974].

(3) [Where appropriate] That may be ordered to pay the costs of this suit.

(4) That he [she] may be granted the following ancillary relief, namely [state particulars of any application for ancillary relief which it is intended to claim].

MATRIMONIAL CAUSES RULES 2023

The names and addresses of the persons who are to be served with this application for divorce are [give particulars, stating if any of them is a person under disability]. The applicant’s address for service is [Where the applicant sues by an attorney, state the attorney’s name or firm and address, or, where the applicant for divorce sues in person, state his place of residence as given in paragraph 3 of the application for divorce or, if no place of residence in Bermuda is given, the address of a place in Bermuda at or to which documents for him may be delivered or sent]. Dated this day of 20 Note: Under the Matrimonial Causes Rules 2023, further information is required in certain cases.

Form 3 CERTIFICATE WITH REGARD TO RECONCILIATION

[Heading as in Form 6]

I, [blank], the attorney acting for the applicant in the above cause do hereby certify that I have [or have not] discussed with the applicant the possibility of a reconciliation and that I have [or have not] given to the applicant the names and addresses of persons qualified to help effect a reconciliation. Dated this day of 20 Signed Attorney for the Applicant

Form 4 STATEMENT AS TO ARRANGEMENTS FOR CHILDREN

[Heading as in Form 6]

The present arrangements for the minor children of the family under 16 and those over 16 who are receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation are as follows:—

[State in respect of each child]

(i) residence [state where the child is living, particulars of the accommodation, what other persons (naming them) live there and who looks after the child]

(ii) education etc. [state the school or other educational establishment which the child is attending or, if he is working, his place of employment, the nature of his work and details of any training he is receiving]

(iii) financial provision [state who is supporting the child or contributing to his support and the extent thereof]

MATRIMONIAL CAUSES RULES 2023

(iv) access [state any arrangements which have been agreed for access by either of the parties and the extent to which access is and has been afforded]. The arrangements proposed for the children in the event of a final order being granted are as follows:—

(i) residence

(ii) education, etc.

(iii) financial provision

(iv) access. [In each of these paragraphs state whether the grant of an order will affect the present arrangements set out above, whether it is proposed that those arrangements should continue, and if not, and to the extent that they are likely to alter, state what alteration is anticipated and what proposals in substitution are proposed. In the case of residence, where it is proposed that for any period a child should be in the immediate care of a person other than the applicant for a divorce, give details of that person’s willingness and ability to care for the child. In the case of education state, if possible, any long-term proposals for further education or training. In the case of financial provision give details of any application which will be made for ancillary relief in respect of the children and, where applicable, state the object of any application which is other than for the day-to-day support of the child.] The said child[ren] is [are] [not] suffering from [any] serious disability or chronic illness or from the effects of [any] serious illness [namely [state, in respect of each child so suffering, the nature of the disability or illness and attach a copy of any up-to-date medical report which is available]]. The said child [ren] is [are] [not] under the care or supervision of the Director of Child and Family Services or other person or organisation [namely [state the date of any order for care or supervision and the circumstances which gave rise to it being made]]. Dated this day of 20 Signed [Attorney for the] Applicant

Form 5 NOTICE OF DISCONTINUANCE In the Supreme Court of Bermuda

[Divorce Jurisdiction]

No. of Matter

(Seal)

MATRIMONIAL CAUSES RULES 2023

Between Applicant and Respondent PLEASE TAKE NOTICE THAT the Applicant discontinues these proceedings against the Respondent in this matter.

Dated this day of 20 Attorney for the Applicant

To

Form 6 NOTICE OF PROCEEDINGS In the Supreme Court of Bermuda

[Divorce Jurisdiction]

No. of Matter

(Seal) Between Applicant and Respondent TAKE NOTICE THAT an application [for divorce] [or as the case may be] has been presented to this Court. A sealed copy of it [and a copy of the applicant’s proposals regarding the children] [is] [are] delivered with this notice.

1 You must complete and detach the acknowledgement of service and send it so as to reach the Court within eight days after you receive this notice, inclusive of the day of receipt. Delay in returning the form may add to the costs.

2 If you wish to do so, you may send to the Court a statement setting out your views on the proposals regarding the children. If you send a statement it will be placed before the judge dealing with the arrangements for the child[ren] and a copy of your statement will be sent to the applicant. [Delete if inapplicable.]

3 If the reply to Question 4 [or 6 [delete if inapplicable]] in the acknowledgment is Yes, you must, within 29 days after you receive this notice, inclusive of the day of receipt, file in the Registry of the Supreme Court an answer to the application [or as the case may be], together with a copy for every other party to the proceedings.

4 If the reply to Question 5 in the acknowledgment is Yes, the consequences to you are that—

MATRIMONIAL CAUSES RULES 2023

(a) your right to inherit from the applicant if he or she dies without having made a will ceases on the grant of a judicial separation order or on a conditional order of divorce being made final;

(b) in the case of a divorce order the making of the final order will end the marriage thereby affecting any right to a pension which depends upon the marriage continuing or upon your being left a widow;

(c) apart from the consequences listed above there may be others applicable to you depending on your particular circumstances. About these you should obtain legal advice from an attorney.

[Delete if inapplicable.]

5 If after consenting you wish to withdraw your consent you must immediately inform the Court and give notice to the applicant. [Delete if inapplicable.]

6 Section 14 of the Matrimonial Causes Act 1974 provides that if in such a case the respondent applies to the Court for it to consider the respondent’s financial position after the divorce, a conditional order cannot be made final unless the Court is satisfied that the applicant has made or will make proper financial provision for the respondent, or else that the applicant should not be required to make any financial provision for the respondent. Paragraph (12) of the application will tell you whether the applicant proposes to make any financial provision for you. It is important that you should consider this information carefully before answering Question 7 in the acknowledgement. [Delete if inapplicable.]

7 If the reply to Question 7 in the acknowledgement is Yes, you must, before the

ORDER ISmade final, make application to the Court by filing and serving on the applicant

for a divorce a notice in Form 13, which may be obtained from the Court. [Delete if inapplicable.]

8 If you intend to instruct an attorney to act for you, you should at once give him all the documents which have been served on you, so that he may send the acknowledgment to the Court on your behalf. If you do not intend to instruct an attorney, you should nevertheless give an address for service in the acknowledgment so that any documents affecting your interests which are sent to you will in fact reach you. Change of address should be notified to the Court.

Dated this day of 20 Registrar

To

[Here set out Form 6]

MATRIMONIAL CAUSES RULES 2023

Form 7 ACKNOWLEDGEMENT OF SERVICE

If you intend to instruct an attorney to act for you, give him this form immediately.

[Heading as in Form 6]

1 Have you received the originating application [or summons] [and copy of the supporting affidavit] [or the application for [divorce] [or as the case may be]] delivered with this form?

2 On what date and at what address did you receive it?

3 Are you the person named as the Respondent in the application [or as in the application][or as the case may be]?

4 Do you intend to defend the case?

5 Do you consent to a final order being granted? [Delete if inapplicable.]

6 Do you intend to oppose the grant of an order on the ground that the divorce order will result in grave financial or other hardship to you and that in all the circumstances it would be wrong to dissolve the marriage? [Delete if inapplicable.]

7 In the event of a conditional divorce order being granted do you intend to apply to the Court for it to consider your financial position as it will be after the divorce order?

[Delete if inapplicable.]

8 Even if you do not intend to defend the case do you wish to be heard on the claim[s] in the application for [insert whichever of the following is applicable]—

(a) costs

(b) custody of the children

(c) maintenance pending suit

(d) periodical payments

(e) secured periodical payments

(f) lump sum provision

(g) settlement or transfer of property

(h) variation of a settlement

[Delete question 8 except in the case of an application for a divorce order.]

MATRIMONIAL CAUSES RULES 2023

9 Do you wish to make any application on your own account for—

(a) access to the children

(b) custody of the children

(c) periodical payments or secured periodical payments for the children

(d) maintenance pending suit

(e) periodical payments or secured periodical payments for yourself

(f) lump sum provision

(g) settlement or transfer of property

(h) variation of a settlement

[Delete question 9 (except in the case of a respondent in proceedings begun by application for divorce.]

(If possible answer YES or NO against each item in Question[s] 8 [and 9]. If you are uncertain leave a blank).

Dated this [blank] day of [blank] 20 [blank]

[If an attorney is instructed, he will sign below on your behalf [but if the answer to Question

5 is Yes, you must also sign here]] Signed Physical Address for service and a valid email address to be used for service [Unless you intend to instruct an attorney, give your place of residence, or if you do not reside in Bermuda, the address of a place in Bermuda to which documents may be sent to you. If you subsequently wish to change your address for service, you must notify the Registry of the Supreme Court]. [I am [We are] acting for the Respondent [or the above-named ] in this matter. Signed Address for service: ]

Form 8 AFFIDAVIT BY APPLICANT IN SUPPORT OF APPLICATION FOR A DIVORCE UNDER SECTION 5(2) OF MATRIMONIAL CAUSES ACT 1974

[Heading as in Form 6]

1 Have you read your application dated ?

MATRIMONIAL CAUSES RULES 2023

2 Do you wish to alter or add to any statement in the application?

If so, state the alterations or additions.

3 Subject to these alterations and additions (if any), is everything stated in your application true?

Indicate which statements are true to your own knowledge and which to the best of your information and belief.

4 State the date on which you and the respondent separated.

5 State briefly the reason or main reason for the separation.

6 When and in what circumstances did you come to the conclusion that the marriage was in fact at an end?

7 State as far as you know the various addresses at which you and the respondent have respectively lived since the date given in the answer to Question 4, and the periods of residence at each address:

Applicant’s Address Respondent’s Address

From From

to to

8 Since the date given in the answer to Question 6, have you ever lived with the respondent in the same household?

If so, state for which period or periods, giving dates.

I, (full name)

of (full residential address) (occupation)

make oath and say as follows:—

1 I am the applicant in this cause.

2 The answers to Questions 1 to 8 above are true.

MATRIMONIAL CAUSES RULES 2023

3 I identify the signature appearing on the copy acknowledgement of service now produced to me and marked “A” as the signature of my husband [wife], the respondent in this cause.

4 [Exhibit any other documents on which the applicant wishes to rely.]

5 I ask the Court to grant an order dissolving my marriage with [or an order that I be judicially separated from] the respondent on the grounds stated in my application [and to order the respondent to pay the costs of this suit or as the case may be].

Sworn at

in the of

this day of , 20

Before me, A Commissioner for Oaths

[or as the case may be]

Form 9

[Heading as in Form 6]

AFFIDAVIT VERIFYING APPLICATION In the Supreme Court of Bermuda

I, __________________ of _____________________ hereby MAKE OATH and SAY as follows:

1 I am the applicant in the above-captioned matter.

2 I have read the application for [divorce, nullity of marriage or judicial separation] herein in support of my application for a conditional order to be granted at the hearing of this cause on the grounds set out therein. A copy of my said application is exhibited hereto.

3 I confirm that the contents of my said application for [divorce, nullity of marriage or judicial separation] are true to the best of my knowledge and belief.

SWORN by the above-named ) ) ) At: ) ) this day of 20 )

MATRIMONIAL CAUSES RULES 2023

Form 10 REQUEST FOR DIRECTIONS FOR TRIAL In the Supreme Court of Bermuda

[Divorce Jurisdiction]

No. of Matter

(Seal) Between Applicant and Respondent The Applicant hereby applies to the Registrar for direction for the trial of this cause.

(a) It is desired that this cause shall be heard at the Sessions House, Hamilton Bermuda.

(b) The Applicant, who resides at [blank] intends to call one witness, who resides at [blank].

(c) The probable length of hearing is [blank].

The Application was served in/at [blank]

The time allowed in the Notice of Proceedings for giving notice of intention to defend was [blank] days.

To: The Registrar of the Supreme Court and

To: [blank]

Dated this day of 20 Attorneys for the Applicant

This request for Directions for Trial in the Supreme Court was issued by [blank] of [blank], Hamilton Bermuda. [Attorney for the] Applicant DIRECTIONS FOR TRIAL

I am satisfied that the requirements of Rule 33(1) have been complied with and I direct that the cause be heard at the Sessions House, Hamilton, Bermuda.

Dated this day of 20

MATRIMONIAL CAUSES RULES 2023

Registrar

[Here set out Form 7]

Form 11 NOTICE OF APPLICATION FOR A CONDITIONAL ORDER TO BE MADE FINAL

[Heading as in Form 6]

TAKE NOTICE THAT the applicant [or respondent] applies for the conditional order pronounced in his [her] favour on the day of 20 , to be made final.

Dated this day of 20

Signed [Attorney for the] Applicant

[or Respondent]

Form 12 CERTIFICATE OF MAKING CONDITIONAL ORDER FINAL(DIVORCE)

[Heading as in Form 6]

(Seal)

Referring to the order made in this cause on the [blank] day of [blank] 20 [blank], whereby it was ordered that the marriage solemnised on the [blank] day of [blank] 20 [blank] at [blank] between [blank] the applicant and [blank] the respondent be dissolved unless sufficient cause be shown to the court within [blank] from the making thereof why the said order should not be made final, and no such cause having been shown, it is hereby certified that the said conditional order was on the [blank] day of [blank] 20 [blank], made final and that the said marriage was thereby dissolved.

Dated this day of 20

Form 13 CERTIFICATE OF MAKING CONDITIONAL ORDER FINAL(NULLITY)

[Heading as in Form 6]

(Seal)

Referring to the order made in this cause on the [blank] day of [blank] 20[blank], whereby it was ordered that the marriage in fact solemnised on the [blank] day of [blank] 20 [blank], at [blank] between [blank] the applicant and [blank] the respondent [in the case of a void marriage be pronounced and declared to have been by law void and the said

MATRIMONIAL CAUSES RULES 2023

applicant [blank] be pronounced to have been and to be free of all bond of marriage with the said respondent [blank]] [in the case of a voidable marriage be annulled] unless sufficient cause be shown to the court within [blank] from the making thereof why the said order should not be made final, and no such cause having been shown, it is hereby certified that the said order was on the [blank] day of [blank] 20 [blank], made final [in the case of a void marriage and that the said marriage was by law void and that the said applicant was and is free from all bond of marriage with the said respondent] [in the case of a voidable marriage and that the said applicant was from that date and is free from all bond of marriage with the said respondent].

Dated this day of 20

Form 14 NOTICE OF APPLICATION FOR ANCILLARY RELIEF

[Heading as in Form 6]

TAKE NOTICE THAT the applicant [or respondent] intends to apply to the Court for [here set out the ancillary relief claimed, stating the terms of any agreement as to the order which the Court is to be asked to make and, in the case of an application for a property adjustment order or an avoidance of disposition order, stating briefly the nature of the adjustment proposed or the disposition to be set aside].

Notice will be given to you of the place and time fixed for the hearing of the application [or The application will be heard by the registrar in chambers at the Supreme Court on [blank] day, the [blank] day of [blank] 20 [blank], at [blank] o’clock].

[Unless the parties are agreed upon the terms of the proposed order, add in the case of an application for an order for maintenance pending suit or a financial provision order:

TAKE NOTICE ALSO THAT you must send to the registrar, so as to reach him within 14 days after you receive this notice, an affidavit giving full particulars of your property and income. You must at the same time send a copy of your affidavit to the [attorney for] the applicant.

If you wish to allege that the applicant for divorce has property or income, you should say so in your affidavit].

Dated this day of 20 Signed [Attorney for the] Respondent [or Applicant]

Form 15 NOTICE OF APPLICATION UNDER RULE 39

MATRIMONIAL CAUSES RULES 2023

[Heading as in Form 6]

TAKE NOTICE THAT the respondent applies to the Court under section 14(2) of the Matrimonial Causes Act 1974 for the Court to consider the financial position of the respondent after the divorce.

The application will be heard on a date to be fixed [or if, in the case of an application made after a conditional order, a date has been fixed by the registrar in chambers at the Supreme Court on day, the day of 20 , at o’clock].

[Unless the applicant has already filed an affidavit with his application under rule 7(3) or in connection with an application for ancillary relief under rule 53(2):

TAKE NOTICE ALSO THAT you must send to the registrar, so as to reach him within 14 days after you receive this notice, an affidavit giving full particulars of your property and income. You must at the same time send a copy of your affidavit to the [attorney for the] respondent.

If you wish to allege that the respondent has property or income, you should say so in your affidavit].

Dated this day of 20 Signed [Attorney for the] Respondent

Form 16 NOTICE OF INTENTION TO PROCEED WITH APPLICATION FOR ANCILLARY RELIEF

[Heading as in Form 6]

The applicant [or respondent] having applied in his [her] application [or answer] for [here set out the ancillary relief claimed and intended to be proceeded with, stating the terms of any agreement as to the order which the court is to be asked to make].

[Add where applicable TAKE NOTICE THAT the application will be heard by the registrar in chambers at the Supreme Court on [blank] day, the [blank] of [blank] 20 [blank], at [blank] o’clock].

[TAKE NOTICE [ALSO] THAT [continue as in third paragraph of Form 14]]

Dated this day of 20 Signed [Attorney for the] Applicant [or Respondent]

MATRIMONIAL CAUSES RULES 2023

Form 17 NOTICE OF ALLEGATION IN PROCEEDINGS FOR ANCILLARY RELIEF

[Heading as in Form 6]

TAKE NOTICE THAT this affidavit has been filed in proceedings for [state nature of application] and that if you wish to be heard on any matter affecting you in the proceedings you may intervene by applying to the Court, within eight days after you receive this notice, inclusive of the day of receipt, for directions as to the filing and service of pleadings and as to the further conduct of the proceedings.

Dated this day of 20

Issued by

[Attorney for the] Applicant [or Respondent]

Form 18 NOTICE OF REQUEST FOR PERIODICAL PAYMENTS ORDER AT SAME RATE AS ORDER FOR MAINTENANCE PENDING SUIT

[Heading as in Form 6]

TO of

The applicant [or respondent] having on the [blank] day of [blank] 20 [blank], obtained an order for payment by you of maintenance pending suit at the rate of [blank]

AND the applicant [or respondent] having applied in his [her] application [or answer] for a periodical payments order for himself [or herself],

TAKE NOTICE THAT the applicant [or respondent] has requested the Court to make a periodical payments order for himself [or herself] providing for payments by you at the same rate as those mentioned above.

AND TAKE NOTICE THAT if you object to the making of such a periodical payments order, you must give notice to that effect to the registrar and the applicant [or respondent] within 14 days after service of this notice on you, and if you do not do so, the registrar may make such a periodical payments order without further notice to you.

Dated this day of 20 Registrar

Form 19 ORIGINATING SUMMONS ON GROUND OF WILFUL NEGLECT TO MAINTAIN

MATRIMONIAL CAUSES RULES 2023

[Heading as in Form 6]

(Seal) In the Matter of an Application under section 31 of the Matrimonial Causes Act 1974

Between Applicant

and Respondent

1 I, [blank], of [blank], the wife [husband] of [blank] of [blank] (hereinafter called the

“respondent”) say that the respondent [in the case of a wife’s application has wilfully neglected to provide [reasonable maintenance for me] or in the case of a husband’s application has wilfully neglected to provide [or make a proper contribution towards] reasonable maintenance [for me] [and] [the child[ren] of our family]].

2 On the [blank] day of [blank] 20 [blank], I [in the case of an application by a wife being then [state full name and status before the marriage]] was lawfully married to the respondent [in the case of an application by a husband who was then [state respondent’s full name and status before marriage]] at [blank].

3 There is [are] [no [or state number] children of the family now living] [namely [state the full name (including surname) of each child and his date of birth or, if it be the case, that he is over 18 and, in the case of each minor child over the age of 16 whether, he is, or will be, or if an order or provision were made would be, receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation] who is now residing at [state the place] with [state the person]].

4 There have been no previous proceedings in any court in Bermuda or elsewhere with reference to the marriage [or the children of the family] [or between the applicant and the respondent with reference to any property of either or both of them] [except state the nature of the proceedings, the date and effect of any order and, in the case of proceedings with reference to the marriage, whether there has been any resumption of cohabitation since the making of the order].

5 The following are particulars of the wilful neglect [give particulars adding the name[s] of the child[ren] concerned and in the case of a husband’s application in respect of himself the matters set out in section 31(1)(b)(i) of the Matrimonial Causes Act 1974 on which he relies].

6 The respondent has not made any payments to me by way of maintenance for myself [or the said child[ren] [except [give particulars]].

7 My means are as follows:—

8 To the best of my knowledge and belief the respondent’s means are as follows:—

MATRIMONIAL CAUSES RULES 2023

9 I apply for an order that the respondent do make provision by way of [periodical payments, secured periodical payments, a lump sum delete as appropriate] for me [and [such of the said provisions as may be claimed] for [state name[s] of child[ren] in respect of whom such claim is made]].

10 I ask that I may be granted the custody of the said [state name[s] of the child[ren]].

11 This Court has jurisdiction to entertain these proceedings by reason of the fact that [in the case of an application based on domicile I am [or the respondent is] [or the respondent and I are] domiciled in Bermuda] [or in the case of an application based on residence I have been ordinarily resident in Bermuda throughout the period of one year ending with the date of this application [or the respondent is now resident in Bermuda]].

My address for service is [Where the applicant sues by an attorney, state the attorney’s name or firm and address or, where the applicant sues in person, state his/her place of residence as given in paragraph 1 or, if no place of residence in Bermuda is given, the address of a place in Bermuda at or to which documents for the applicant may be delivered or sent].

Dated this day of 20

Form 20 ORIGINATING SUMMONS FOR ALTERATION OF MAINTENANCE AGREEMENT DURING PARTIES’ LIFETIME

[Heading as in Form 6]

(Seal) In the Matter of an Application under section 39 of the Matrimonial Causes Act 1974

Between Applicant

and Respondent

1 I, [blank], the wife [or husband] of [blank] (hereinafter called “the respondent”), apply for an order altering the maintenance agreement made between me and the respondent on the [blank] day of [blank] 20 [blank].

2 I reside at [blank], and the respondent resides at [blank].

[Add, unless both parties are resident in Bermuda We are both domiciled in Bermuda [or as the case may be]].

3 On the [blank] day of [blank] 20 [blank], I was lawfully married to the respondent at [blank].

MATRIMONIAL CAUSES RULES 2023

I [or in the case of an application by the husband The respondent] was then [state full name and status of wife before marriage].

4 There is [are] [no [or state number] child[ren] of the family [namely [state the full name (including surname) of each child now living and his date of birth or, if it be the case, that he is over 18 and, in the case of each minor child over the age of 16, whether he is, or will be, or if an order or provision were made would be, receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation] who is now residing at [state the place] with [state the person] [and [state name of any child who has died since the date of the agreement] who died on the [blank] day of [blank] 20 [blank].] [The agreement also makes financial arrangements for [give similar particulars of any child for whom the agreement makes such arrangements]].

5 There have been no previous proceedings in any court with reference to the agreement or to the marriage [or to the child[ren] of the family] [or to the other child[ren] for whom the agreement makes financial arrangements] or between the applicant and the respondent with reference to any property of either or both of them [except state the nature of the proceedings and the date and effect of any order ].

6 My means are as follows:

7 I ask for the following alteration[s] to be made in the agreement:

8 The facts on which I rely to justify the alteration[s] are:—

My address for service is [Where the applicant sues by an attorney, state the attorney’s name or firm and address, or, where the applicant sues in person, state his or her place of residence as given in paragraph 2 or, if no place of residence in Bermuda is given, the address of a place in Bermuda at or to which documents for him or her may be delivered or sent].

Dated this day of 20

Form 21 ORIGINATING SUMMONS FOR ALTERATION OF MAINTENANCE AGREEMENT AFTER DEATH OF ONE OF THE PARTIES

[Heading as in Form 6]

(Seal) In the Matter of an Application by under section 40 of the Matrimonial Causes Act 1974

Between Applicant[s]

and Respondent[s]

MATRIMONIAL CAUSES RULES 2023

Let [blank] of [blank] attend before the Registrar [blank] in chambers at the Supreme Court on [blank] day, the [blank] day of [blank] 20 [blank], at [blank] o’clock, on the hearing of an application by [blank] that the agreement made on the [blank] day of [blank]

20 [blank], between [the applicant and] [blank] who died on the [blank] day of [blank] 20 [blank], [and the respondent] should be altered as shown in the affidavit accompanying this summons so as to make different [or contain] financial arrangements.

Dated this day of 20

This summons was taken out by [Attorney for the above-named applicant[s]].

To the Respondent.

TAKE NOTICE THAT:—

1 A copy of the affidavit to be used in support of the application is delivered herewith.

2 You must complete the accompanying acknowledgment of service and send it so as to reach the Court within eight days after you receive this summons.

3 [If the respondent is an estate representative of the deceased: You must also file an affidavit in answer to the applicant’s application containing full particulars of the value of the deceased’s estate for probate, after providing for the discharge of the funeral, testamentary and administration expenses, debts and liabilities, and the persons or classes of persons beneficially interested in the estate, with the names and addresses of all living beneficiaries and stating whether any beneficiary is a minor or incapable, by reason of mental disorder, of managing and administering his property and affairs].

[Or, if the respondent is not an estate representative of the deceased: You may also file an affidavit in answer to the application].

[Add, in either case: The affidavit must be filed by sending or delivering it, together with a copy for the applicant, so as to reach the Court within 14 days after the time allowed for sending the acknowledgment of service].

4 If you intend to instruct an attorney to act for you, you should at once give him all the documents which have been served on you, so that he may take the necessary steps on your behalf.

Form 22 ORIGINATING SUMMONS FOR MAINTENANCE OUT OF ESTATE OF DECEASED FORMER SPOUSE

[Heading as in Form 6]

MATRIMONIAL CAUSES RULES 2023

(Seal) In the Matter of an Application by under section 15 of the Succession Act 1974

Between Applicant

and Respondent

Let [blank] of [blank] attend before the registrar [blank] in chambers at the Supreme Court on [blank] day, the [blank] day of [blank] 20 [blank], at [blank] o’clock, on the hearing of an application by [blank] that provision for his/her maintenance be made out of the estate of [blank] of [blank], who died on the [blank] day of [blank] 20 [blank], on the ground that he/she has not made reasonable provision for his/her maintenance after his death. Dated this day of 20 This summons was taken out by [blank] [Attorney for] the above-named applicant. To the Respondent. TAKE NOTICE THAT:—

[Continue as in Form 20]

Form 23 NOTICE TO BE INDORSED ON DOCUMENT SERVED IN ACCORDANCE WITH RULE 78(1)

To of

TAKE NOTICE THAT the contents or purport of this document are to be communicated to the respondent [or as the case may be], the said [blank], if he is over 16 [add, if the person to be served is by reason of mental disorder within the meaning of the Mental Health Act

1968 incapable of managing and administering his property and affairs: unless you are satisfied [after consultation with the responsible medical officer within the meaning of the Mental Health Act 1968 or, if the said is not liable to be detained or subject to guardianship under that Act, his medical attendant delete these words if the document is not to be served on the responsible medical officer or medical attendant] that communication will be detrimental to his mental condition]. EXPLANATORY NOTE (This note is not part of the Rules.)

MATRIMONIAL CAUSES RULES 2023

[Note: The Matrimonial Causes Rules 1973 (UK) do not appear in the Supreme Court Practice 1979 upon which the Rules of the Supreme Court 1985 are based. See instead the Supreme Court Practice 1976]

Made this 21st day of February 2023

Chief Justice

[Operative Date: 13 March 2023]