Circuit Court Rules (Civil Partnership and Cohabitation) 2011.

• Statutory Instrument No.: 385/2011
• Published date: 22 July 2011

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 22nd July, 2011.

We, the Circuit Court Rules Committee, constituted pursuant to the provisions of section 69 of the Courts of Justice Act 1936 , and section 12 of the Courts of Justice Act 1947 , by virtue of the powers conferred on us by section 66 of the Courts of Justice Act 1924 and section 70 of the Courts of Justice Act 1936 , (as applied by section 48 of the Courts (Supplemental Provisions) Act 1961 ) and section 27 of the Courts (Supplemental Provisions) Act 1961 , and of all other powers enabling us in this behalf, do hereby, with the concurrence of the Minister for Justice and Equality, make the annexed Rules of Court.

Dated this 29th day of March 2011.

(Signed): MATTHEW DEERY

(Chairman of the Circuit Court Rules Committee)

Alison Lindsay

Tony Hunt

Gerard J. Doherty

Noel Rubotham

I concur in the making of the above Rules of Court.

Dated this 16th day of July 2011.

Signed: ALAN SHATTER,

Minister for Justice and Equality.

S.I. No. 385 of 2011

CIRCUIT COURT RULES (CIVIL PARTNERSHIP AND COHABITATION) 2011

1. (1) These Rules, which shall come into operation on the 13th day of August 2011, may be cited as the Circuit Court Rules (Civil Partnership and Cohabitation) 2011.

(2) These Rules shall be construed together with the Circuit Court Rules.

(3) The Circuit Court Rules as amended by these Rules may be cited as the Circuit Court Rules 2001 to 2011.

2. The Circuit Court Rules are amended:

(i) by the insertion immediately following Order 59 of the Order set out in Schedule 1, and

(ii) by the insertion in appropriate sequence in the Schedule of Forms annexed to the Circuit Court Rules of the Forms numbered, 2S, 2T, 51, 51A and 51B set out in Schedule 2.

Schedule 1

“ORDER 59A

CIVIL PARTNERSHIP AND CERTAIN RIGHTS AND OBLIGATIONS OF COHABITANTS ACT 2010

1. In this Order:

“the Act” means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ;

“the Act of 2004” means the Civil Registration Act 2004 ;

“civil partnership law proceedings” has the same meaning as in section 139 of the Act;

“cohabitation proceedings” means proceedings under Part 15 of the Act, and

reference to registration of a civil partnership includes, in the case of a civil partnership recognised by virtue of section 5 of the Act, registration of a legal relationship as referred to in that section.

Venue

2. Any proceedings under this Order shall be brought in the county where any party to the proceedings ordinarily resides or carries on any profession, business or occupation.

Commencement of civil partnership or cohabitation proceedings

3. (1) All proceedings for the following reliefs in civil partnership law proceedings under this Order shall be instituted by the issuing out of the Office for the appropriate county of the appropriate Civil Partnership Civil Bill in accordance with Form 2S of the Schedule of Forms with such modifications as may be appropriate in the format and manner provided:

(a) an order under section 4(1) of the Act including where such relief is sought by virtue of an order made under section 5 of the Act;

(b) an order on an application by a civil partner to have a conveyance declared void, under section 28 of the Act, or for relief under section 34 of the Act;

(c) an order under section 29(1) of the Act to the Court to dispense with the consent of a civil partner required under section 28 of the Act or section 29(4) of the Act to give the consent required under section 28 of the Act on behalf of a civil partner;

(d) relief under section 30(1) of the Act or section 30(2) of the Act;

(e) relief under Part 5 of the Act;

(f) an order on an application by a civil partner or a child of a deceased person who was a civil partner before death under section 106 of the Act to determine a question arising between civil partners as to the title to or possession of property;

(g) a decree of nullity of civil partnership under section 107 of the Act;

(h) a decree of dissolution in respect of a civil partnership under section 110 of the Act;

(i) an order for provision out of the estate of a deceased civil partner under section 127 of the Act;

(j) an order directing the sale of property under section 128 of the Act;

(k) subject to rule 23, an order setting aside a disposition under section 137 of the Act.

(2) Cohabitation proceedings for any one or more orders under sections 174, 175, 187 and 194 of the Act shall be instituted by the issuing out of the Office for the appropriate county of the appropriate Cohabitation Civil Bill in accordance with Form 2T of the Schedule of Forms with such modifications as may be appropriate.

(3) Upon issue, the Civil Partnership Civil Bill or Cohabitation Civil Bill shall be served in a manner provided for in this Order.

Form of Proceedings

4. (1) Every Civil Partnership Civil Bill and every Cohabitation Civil Bill shall be in numbered paragraphs setting out the relief sought and the grounds relied upon in support of the application.

(2) A Civil Partnership Civil Bill for a Decree of Dissolution shall, in all cases, include the following details—

(a) the date and place of registration of the civil partnership;

(b) the length of time the parties have lived apart, including the date upon which the parties commenced living apart, and the addresses of both of the parties during that time, where known;

(c) the ages of the civil partners, the duration of their civil partnership and the length of time during which the civil partners lived with each other after registration of their civil partnership;

(d) any physical or mental disability of either of the civil partners;

(e) full particulars of any children of the Applicant or Respondent civil partner or to whom either of the civil partners owes an obligation of support and stating whether and if so what provision has been made for each and any such child;

(f) whether any possibility of a reconciliation between the Applicant and Respondent exists and if so on what basis the same might take place;

(g) details of any previous civil partnership relief sought and/or obtained and details of any previous separation agreement entered into between the parties (and where appropriate, a certified copy of any relevant court order and/or agreement should be annexed to the Civil Bill);

(h) details of any previous matrimonial or family law relief sought and/or obtained and details of any previous separation agreement entered into by either party with any other person (and where appropriate a certified copy of any relevant court order and/or deed of separation/separation agreement should be annexed to the Civil Bill);

(i) details of the shared home(s) and/or other residences of the parties including, if relevant, details of any former shared home/residence to include details of the manner of occupation/ownership thereof;

(j) where reference is made in the Civil Bill to any immovable property, whether it is registered or unregistered land and a description of the land/premises so referred to;

(k) the basis of jurisdiction under section 140 of the Act;

(l) the occupation(s) of each party;

(m) the grounds relied upon for the relief sought;

(n) each section of the Act under which relief is sought;

(o) any other matter which will assist the Court for the purposes set out in section 129(2) of the Act.

(3) A Civil Partnership Civil Bill for nullity shall, in all cases, include such of the particulars mentioned in sub-rule (2) as are appropriate and the following details—

(a) the date and place of registration of the civil partnership;

(b) the domicile of the civil partners on the date of the civil partnership and on the date of the institution of proceedings and, where either civil partner has died prior to the institution of proceedings, the domicile of the said civil partner at the date of death;

(c) whether or not the civil partners or either of them has been ordinarily resident in the State throughout the period of one year prior to the date of institution of proceedings and, where either civil partner has died prior to the institution of proceedings, whether or not the said deceased civil partner was ordinarily resident in the State throughout the period of one year prior to his or her death;

(d) the address and description of each party;

(e) the number of dependent children of each of the civil partners;

(f) the grounds upon which the decree and any other relief is sought;

(g) the relief sought and the issues to be tried.

(4) A Civil Partnership Civil Bill for the determination of property issues between civil partners pursuant to section 106 of the Act shall, in all cases, include such of the particulars mentioned in sub-rule (2) as are appropriate and the following details—

(a) the description, nature and extent of the money or other property to which the application relates;

(b) the state of knowledge of the Applicant civil partner in relation to possession and control of the money or other property to which the application relates at all relevant times;

(c) the nature and extent of the interest being claimed by the Applicant in the property or monies and the basis upon which such a claim is made;

(d) the nature and extent of any claim for relief being made and the basis upon which any such claim for relief is being made;

(e) where reference is made in the Civil Bill to any immovable property, whether it is registered or unregistered land and a description of the land/premises so referred to;

(f) the manner in which it is claimed that the Respondent civil partner has failed, neglected or refused to make to the Applicant civil partner such appropriate payment or disposition in all of the circumstances and details of any payment or disposition made;

(g) any other relevant matters.

(5) A Civil Partnership...