Circuit Court Rules (No. 1) of 1997 (Judicial Separation and Family Law Reform Act, 1989 and Family Law Act, 1995 and Family Law (Divorce) Act, 1996).

 
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S.I. No. 84 of 1997.

CIRCUIT COURT RULES (No. 1) OF 1997 (JUDICIAL SEPARATION AND FAMILY LAW REFORM ACT, 1989 AND FAMILY LAW ACT, 1995 AND FAMILY LAW (DIVORCE) ACT, 1996).

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, make the annexed Rules of Court.

Dated this 27th day of January, 1997.

Signed: Frank Spain

(Chairman of the Circuit Court Rules Committee)

Kieran O'Connor

Esmonde Smyth

Anne Dunne

Fergal Foley

Gerard J. Doherty

Joe Deane

Michael Quinlan (Secretary)

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

Dated this 17th day of February, 1997.

Signed: NORA OWEN,

Minister for Justice.

S.I. No. 84 of 1997.

CIRCUIT COURT RULES (No. 1) 1997 (JUDICIAL SEPERATION AND FAMILY LAW REFORM ACT, 1989 AND FAMILY LAW ACT, 1995 AND FAMILY LAW (DIVORCE) ACT, 1996 ).

1. These Rules may be cited as the Circuit Court Rules (No. 1), 1997 and shall come into operation on the 27th day of February, 1997.

2. The Order referred to in these Rules shall be added to and construed together with those orders contained in the Circuit Court Rules, 1950, as amended.

ORDER 78

JUDICIAL SEPARATION AND FAMILY LAW REFORM ACT, 1989 AND FAMILY LAW ACT, 1995 AND FAMILY LAW (DIVORCE) ACT, 1996 .

Introduction, Substitution and Revocation

1. In this Order "the 1996 Act" means the Family Law (Divorce) Act, 1996 (No. 33 of 1996) and "the 1995 Act" means the Family Law Act, 1995 (No. 26 of 1995) and "the 1989 Act" means the Judicial Separation and Family Law Reform Act, 1989 (No. 6 of 1989). These Rules shall be substituted for the Rules contained in Circuit Court Rules (No. 1) of 1989 ( S.I. No. 289 of 1989 ) and Circuit Court Rules (No. 1) of 1994 (S.I. 225 of 1994) which are hereby revoked, subject only to the provisions contained in Rule 2 hereof.

Transitional

2. All applications made or proceedings taken before these Rules shall have come into operation but which are in accordance with the then existing Rules and practice of the Court shall have the same validity as applications made or proceedings taken in accordance with these Rules.

Venue

3. 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

4. ( a ) All proceedings for divorce, judicial separation, relief after foreign divorce or separation outside the State, nulity, declarations of marital status, the determination of property issues between spouses pursuant to section 36 of the 1995 Act/formerly engaged couples pursuant to section 44 of the 1996 Act and relief pursuant to section 25 of the 1995 Act, section 18 of the 1996 Act or section 15A of the 1995 Act under this Order, shall be instituted by the issuing out of the Office of the County Registrar for the appropriate County (hereinafter referred to as "the appropriate Office") of the appropriate Family Law Civil Bill in the format and manner hereinafter provided save that no Family Law Civil Bill for relief after foreign divorce or separation outside the State shall be issued until requirements set down in Rule 4 (b) of these Rules have been complied with. Upon issue, the Family Law Civil Bill shall be served in a manner provided for hereunder.

( b ) No proceedings for a relief order after foreign divorce or separation outside the State shall issue without the leave of the appropriate Court in accordance with section 23 (3) of the 1995 Act. Such application for leave to issue proceedings shall be made ex parte by way of ex parte docket grounded upon the Affidavit of the Applicant or another appropriate person. The aforementioned Affidavit shall exhibit a draft of the Family Law Civil Bill for relief after divorce or separation outside the State which the Applicant seeks leave to issue as well as the foreign divorce or separation decree, shall set forth fully the reasons why relief is being sought and shall make specific averment to the fact that, to the knowledge, information and belief of the Applicant, the jurisdictional requirements of section 27 of the 1995 Act are complied with in the particular case, specifying the particular basis of jurisdiction being relied upon.

Form of proceedings

5. Every Family Law Civil Bill shall be in numbered paragraphs setting out the relief sought and the grounds relied upon in support of the application. The Civil Bill shall be in accordance with the form set out in Form 1 herein or such modification thereof as may be appropriate, subject to the requirements hereinafter set out.

( a ) A Family Law Civil Bill for a Decree of Divorce shall, in all cases, include the following details:

(i) the date and place of marriage of the parties;

(ii) 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;

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

(iv) the names and ages and dates of birth of any dependent children of the marriage;

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

(vi) 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;

(vii) the basis of jurisdiction under the 1996 Act;

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

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

(x) each section of the 1996 Act under which relief is sought.

( b ) A Family Law Civil Bill for a Decree of Judicial Separation shall, in all cases, include the following details:

(i) the date and place of marriage of the parties;

(ii) the names and ages and dates of birth of any dependent children of the marriage;

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

(iv) 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;

(v) the basis of jurisdiction under the Act;

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

(vii) the grounds relied upon for the decree and any other relief sought;

(viii) each section of the Act under which relief is sought including whether or not an Order pursuant to section 54 (3) of the 1995 Act is sought.

( c ) A Family Law Civil Bill for relief after foreign divorce or separation outside the State pursuant to section 23 of the 1995 Act shall, in all cases, include the following details:

(i) the date and place of marriage and divorce/separation of the parties (a certified copy of the decree absolute or final decree of divorce/separation together with, where appropriate an authenticated translation thereof shall be annexed to the Family Law Civil Bill);

(ii) financial and property and custodial/access arrangements operating ancillary to the said decree, whether such arrangements were made by agreement or by Order of the Court or otherwise and whether such arrangements were made contemporaneous to the decree or at another time and the extent of compliance therewith;

(iii) the names and ages and dates of birth of any dependent children of the marriage;

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

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

(vi) the basis of jurisdiction under section 27 of the 1995 Act;

(vii) the present marital status and occupation(s) of each party;

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

(ix) each section of the 1995 Act under which relief is sought;

(x) details relevant to the matters referred to in section 26 of the 1995 Act.

( d ) A Family Law Civil Bill for nullity shall, in all cases, include the following details:

(i) the date and place of marriage of the parties;

(ii) the domicile of the spouses on the date of the marriage and on the date of the institution of proceedings and, where either spouse has died prior to the institution of proceedings, the domicile of the said spouse at the date of death;

(iii) whether or not the spouses 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 spouse has died prior to the institution of proceedings, whether or not the said spouse was ordinarily resident in the State throughout the period of one year prior to his/her death;

(iv) the address and description of each party;

(v) the number of children of the marriage;

(vi) the grounds upon which the decree and any other relief is...

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