The Family Proceedings (Amendment) Rules 1996
These Rules amend the Family Proceedings Rules 1991 as follows:Rule 3 makes the necessary changes to the prescribed Forms M5, M9 and M10 in consequence of the provisions of the Law Reform (Succession) Act 1995 which came into force on 1 January 1996.The 1995 Act does not change the basic principle of the present law that, unless a contrary intention is apparent from the will, a former spouse should not benefit from a will made before the divorce; but the will is not affected in any other way. It does, however, alter the means by which this basic principle is implemented by replacing the rule that gifts to the former spouse should lapse by one which deems the former spouse to have died on the date of divorce. In addition, the 1995 Act provides that unless a contrary intention is shown in the instrument of appointment, any appointment by the decreased testator of the former spouse as guardian is deemed to have been revoked at the date of the divorce. The changes also apply in cases of nullity of marriage.Rule 4 makes a minor amendment in respect of certain marriages in consequence of the provisions of Part II of the Private International (Miscellaneous Provisions) Act 1995, which makes further provision as to marriages entered into by unmarried persons under a law which permits polygamy.Rule 5 makes a minor amendment in consequence of the new rule 7.39 of the Family Proceedings Rules 1991 as inserted by rule 8. In addition, Rule 5 defines a prescribed officer and a proper officer for the purposes of proceedings under the Act of 1972.Rule 6 makes minor amendments to the rules on reciprocal enforcement in relation to the Republic of Ireland.Rule 7 makes minor amendments to the rules on reciprocal enforcement in relation to the Hague Convention countries.Rule 8 makes provision, in relation to the High Court and county courts, for the various matters which are to be prescribed under Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972 as set out in Schedule 3 to the Reciprocal Enforcement of Maintenance Orders (United States of America) Order 1995. Rule 8 modifies the various provisions as to reciprocal enforcement in relation to States in the USA which are specified in the 1995 Order.