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).
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: 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.
num: 2
paragraphs: 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
num: 1
paragraphs: 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
num: 2
paragraphs: 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
num: 3
paragraphs: 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
num: 4
paragraphs: ( 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
num: 5
paragraphs: 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 sought;
(vii) the relief sought (including whether or not a declaration relating to the custody of a dependent member of the family pursuant to section 46 of the 1995 Act is being sought) and the issues to be tried.
( e ) A Family Law Civil Bill for Declaration of Marital Status shall, in all cases, include the following details:
(i) the nature of the Applicant's reason for seeking such a declaration;
(ii) full details of the marriage / divorce / annulment / legal separation in respect of which the declaration is sought including the date and place of such marriage / divorce / annulment / legal separation (where possible, a certified copy of the marriage certificate / decree of divorce / annulment / legal separation should be annexed to the Civil Bill);
(iii) the manner in which the jurisdictional requirements of section 29 (2) of the 1995 Act are satisfied;
(iv) particulars of any previous or pending proceedings in relation to any marriage concerned or to the matrimonial status of a party to any such marriage in accordance with section 30 of the 1995 Act;
(v) the relief being sought;
(vi) any other relevant facts.
( f ) A Family Law Civil Bill for 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, shall, in all cases, include the following details:
(i) the description, nature and extent of the disputed property or monies:
(ii) the state of knowledge of the Applicant spouse in relation to possession and control of the disputed property or monies at all relevant times;
(iii) 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;
(iv) the nature and extent of any claim for relief being made and the basis upon which any such claim for relief is being made;
(v) 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;
(vi) the manner in which it is claimed that the Respondent spouse has failed, neglected or refused to make to the Applicant spouse such appropriate payment or disposition in all of the circumstances and details of any payment or disposition made;
(vii) that the time limits referred to at section 36 (7) of the 1995 Act have been complied with;
(viii) any other relevant matters.
( g ) A Family Law Civil Bill for relief pursuant to section 18 of the Family Law (Divorce) Act, 1996 or section 15A or section 25 of the Family Law Act, 1995 shall, in all cases include the following details:
(i) the date and place of marriage and the date of any decree of divorce/judicial separation and the marriage certificate and a certified copy of the decree of divorce/separation shall be annexed to the Civil Bill (with authenticated translations, where appropriate);
(ii) details of previous matrimonial relief obtained by the Applicant and in particular lump sum maintenance orders and property adjustment orders, if any;
(iii) details of any benefits previously received from or on behalf of the deceased spouse whether by way of agreement or otherwise and details of any benefits accruing to the Applicant under the terms of the Will of the deceased spouse or otherwise;
(iv) the date of death of the deceased spouse, the date on which representation was first granted in respect of the estate of the said spouse and, if applicable, the date upon which notice of the death of the deceased spouse was given to the Applicant spouse and the date upon which the Applicant spouse notified the personal representative of his/her intention to apply for relief pursuant to section 18 (7) of the 1996 Act and section 15A (7) of the 1995 Act;
(v) the nature and extent of any claim for relief being made and the basis upon which any such claim for relief is being made;
(vi) the marital status of the deceased spouse at the date of death and the marital status of the Applicant at the date of the application and whether the Applicant has remarried since the dissolution of the marriage between the Applicant and the deceased spouse;
(vii) details of all dependents of the deceased spouse at the date of death and of all dependents of the Applicant at the date of the application together with details of any other interested persons;
(viii) that no Order pursuant to section 18 (10) of the 1996 Act or section 15A (10) of the 1995 Act has previously been made;
(ix) details of the value of the estate of the deceased spouse, where known;
(x) any other relevant facts.
Applications pursuant to section 15A (6) or section 25 (7) of the 1995 Act or section 18 (6) of the 1996 Act by the personal representative in relation to the distribution of the estate shall be by motion, grounded on Affidavit, on notice to the Applicant spouse and such other persons as the Court shall direct.
num: 6
paragraphs: All Family Law Civil Bills shall be dated and shall bear the name, address and description of the Applicant and an address for service of proceedings, and shall be signed by the party's solicitor, if any, or, where the Applicant does not have a solicitor, by that party personally. The address to which a Respondent should apply in order to receive information in relation to legal aid shall also be included in such Civil Bills.
Issuing and Entry
num: 7
paragraphs: On the issuing of a Family Law Civil Bill the original thereof shall be filed, together with the appropriate certificate (pursuant to section 5 of the 1989 Act or section 6 of the 1996 Act), an Affidavit of Means in the intended action sworn by the Applicant in compliance with Rules 18 and 19 hereof and, in all circumstances where there are dependent children, an Affidavit of Welfare in the intended action in compliance with Rule 20 hereof, and the County Registrar shall thereupon enter same.
Service
num: 8
paragraphs: ( a ) All Family Law Civil Bills shall be served by registered post on the Respondent at his/her last known address or alternatively shall be served personally on the Respondent by any person over the age of eighteen years together with the appropriate certificate in the form set out in Forms 7 and 9 herein (pursuant to section 5 of the 1989 Act or section 6 of the 1996 Act), an Affidavit of Means in compliance with Rules 18 and 19 hereof in the form set out in Form 2 herein or such modification thereof as may be appropriate and in all cases where there are dependent children, an Affidavit of Welfare in compliance with Rule 20 hereof in the form set out in Form 3 herein. Where relief pursuant to section 12 and/or section 13 of the 1995 Act or section 17 of the 1996 Act is sought, notice thereof in accordance with Form 4 herein shall also be served on the trustees of the pension scheme in question by registered post at their registered office or other appropriate address and an Affidavit of such service shall be sworn and filed within fourteen days of service of the Civil Bill. Service shall be endorsed upon all Family Law Civil Bills in accordance with the provisions of Order 10, Rule 22 of the Circuit Court Rules, 1950, as amended. All other pleadings may be served by ordinary pre-paid post.
( b ) In all cases in which a declaration of marital status under section 29 of the 1995 Act is sought, the Family Law Civil Bill shall, in addition to the provisions of Rule 8 (a) hereof, be served upon the parties to the marriage or, where no longer living, their personal representatives (all of whom shall be parties to the proceedings) and to such other persons as the Court may direct, including the Attorney General, in accordance with the provisions as to service of Family Law Civil Bills hereinbefore set out in respect of the Respondent to proceedings which said persons (excepting the Attorney General) may be made parties to the application in accordance with section 29 (6) of the 1995 Act. The Attorney General shall, however, be entitled to interplead in such proceedings.
( c ) Where relief is sought pursuant to sections 15A or 25 of the 1995 Act or section 18 of the 1996 Act, the Family Law Civil Bill shall be served in accordance with these Rules on the personal representative of the deceased and on the spouse (if any) of the deceased and on such other person or persons as the Court shall direct.
Appearance
num: 9
paragraphs: If a Respondent intends to contest the application, or participate in proceedings, or any part thereof, he/she shall enter an Appearance in the Office within 10 days of the service upon him/her of the Family Law Civil Bill and shall serve a copy of the Appearance on the Applicant's solicitors or, where appropriate, on the Applicant. The Appearance shall bear an address for service of any interlocutory applications and shall be signed by the Respondent's solicitor or, if the Respondent does not have a solicitor, by the Respondent personally.
Defence
num: 10
paragraphs: ( a ) A Respondent shall at the same time as entering an Appearance, or within 10 clear days from the date of service of the Appearance, or such further time as may be agreed between the parties or allowed by the Court, file and serve a Defence, together with the appropriate certificate in the form set out in Forms 8 and 10 herein (pursuant to section 6 of the 1989 Act and section 7 of the 1996 Act), an Affidavit of Means in compliance with Rules 18 and 19 hereof and, in all cases where there are dependent children, an Affidavit of Welfare in compliance with Rule 20 hereof in the form set out in Form 3 herein, on the Applicant, or the Applicant's solicitor, if any, and on the County Registrar in the form set out in Form 2 herein or such modification thereof as may be appropriate. Where relief pursuant to section 12 and/or section 13 of the 1995 Act or section 17 of the 1996 Act is sought by way of Counterclaim, notice thereof in accordance with Form 4 herein shall also be served on the trustees of the pension scheme in question by registered post at their registered office and an Affidavit of such service shall be sworn and filed within 7 days of service of the Defence and Counterclaim.
( b ) No Appearance or Defence shall be entered after the time specified in these Rules without the leave of the Court or of the County Registrar or the agreement of the parties, and no Defence shall be entered unless the Respondent has previously entered an Appearance as required by these Rules.
( c ) Whether or not a Defence is filed and served in any proceedings, the Respondent shall, where appropriate, in any event be obliged to file and serve an Affidavit of Means and a Welfare Statement in accordance with these Rules of Court within 20 days after the service of the Family Law Civil Bill upon him/her subject to Rule 36 hereof.