Rules of the Superior Courts (No. 3) OF 1997.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These rules shall be construed together with the Rules of the Superior Courts, 1986 and 1996 and may be cited as the Rules of the Superior Courts (No. 3), 1997.
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paragraphs: These rules shall come into operation on the 1st day of September 1997.
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paragraphs: The following Order shall be substituted for Order 70A of the Rules of the Superior Courts.
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ORDER 70A
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paragraphs: (1) In this Order family law proceedings shall include:
(a) Any proceeding pursuant to section 36 of the Family Law Act, 1995 or to that section as applied by section 44 of the Family Law (Divorce) Act, 1996 .
(b) An application pursuant to section 3 of the Adoption Act, 1974 or pursuant to section 3 of the Adoption Act, 1988 .
(c) An application pursuant to section 3 (8), 4 , 5 or 9 of the Family Home Protection Act, 1976 .
(d) Any application pursuant to section 6 or 7 of the Family Law Act, 1981 .
(e) Any proceeding pursuant to the Guardianship of Infants Act, 1964 , the Family Law (Maintenance of Spouses and Children) Act, 1976 or pursuant to the Domestic Violence Act, 1996 which has been institiuted and maintained in the High Court pursuant to Article 34.3.1 of the Constitution.
(f) An application for a decree of judicial separation pursuant to section 3 of the Judicial Separation and Family Law Reform Act, 1989 and any preliminary or ancilliary application relating thereto under Part II of the Family Law Act, 1995 .
(g) Any proceedings transferred to the High Court pursuant to section 31 (3) of the Judicial Separation and Family Law Reform Act, 1989 .
(h) An application for a decree of divorce pursuant to section 5 of the Family Law (Divorce) Act, 1996 and preliminary or ancilliary application relating thereto under Part III thereof.
(i) An application to institute proceedings for relief subsequent to a divorce or separation outside the State pursuant to section 23 of the Family Law Act, 1995 .
(j) An application pursuant to section 15(A) or section 25 of the Family Law Act, 1995 or pursuant to section 18 of the Family Law (Divorce) Act, 1996 .
(k) An application for a declaration as to marital status under Part IV of the Family Law Act, 1995 .
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paragraphs: (2) In this Order
“the 1989 Act” means the Judicial Separation and Family Law Reform Act, 1989 ,
“the 1995 Act” means the Family Law Act, 1995 ,
“the 1996 Act” means the Family Law (Divorce) Act, 1996 ,
“the Acts” means all in any of the Acts referred to in rule 1(1).
Commencement
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paragraphs: All family law proceedings other than an application under rule 27 of this Order shall be commenced by a special summons which shall be a family law summons and shall be entitled:
“THE HIGH COURT
FAMILY LAW
In the matter of the ............. Act, 19........ (as the case may be)
Between/
A.B. the Applicant
and
C.B. the Respondent”
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paragraphs: The endorsement of claim shall be entitled “Special Endorsement of Claim” and shall state specifically, with all necessary particulars, the relief sought and each section of the Act or Acts under which the relief is sought and the grounds upon which it is sought.
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paragraphs: In any proceedings pursuant to rule 1(1) above an affidavit verifying such proceedings or in reply thereto shall contain the following, where applicable:
(a) In the case of an application for a judicial separation or a decree of divorce
(1) The date and place of the marriage of the parties.
(2) The length of time the parties have lived apart and the address of both of the parties during that time, where known.
(3) Full particulars of any children of the applicant or respondent stating whether each or any of them is or are a dependent child of the family and stating whether and if so what provision has been made for each and any such dependent child of the applicant or respondent as the case may be.
(4) Whether any possibility of a reconciliation between the applicant and respondent exists and if so on what basis the same might take place.
(5) 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 exhibited with the affidavit).
(6) Where each party is domiciled at the date of the application commencing the proceeding or where each party has been ordinarily resident for the year preceding the date of such application.
(7) Details of the family home(s) and/or other residences of the parties including, if relevant, details of any former family homes/residences which should include details of the manner of occupation and ownership thereof.
(8) Where reference is made in the summons to any immovable property whether it is registered or unregistered land and a description of the lands/premises so referred to.
(b) In the case of an application for relief after a foreign divorce or separation outside the State, such of the particulars at (a) above as are appropriate and
(1) The date and place of marriage and divorce/separation of the parties. (Where appropriate, a certified copy of the decree absolute or final decree of divorce/separation, (together with, where appropriate, an authenticated translation thereof) should be exhibited with the affidavit).
(2) Particulars of the financial, property and custodial/access arrangements operating ancillary to the said decree, and whether such arrangements were made by agreement or by order of the Court or otherwise, and whether such agreements were made contemporaneously with the decree or at another time and the extent of compliance therewith.
(3) The present marital status and occupation of each party.
(4) All details relevant to the matters referred to in section 26 of the 1995 Act.
(c) In the case of an application for a declaration as to marital status, such of the particulars at (a) above as are appropriate together with
(1) The nature of the applicant's reason for seeking such a declaration.
(2) 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 appropriate a certified copy of the marriage certificate/decree of divorce/annulment/legal separation should be exhibited with the affidavit).
(3) The manner in which the jurisdictional requirements of section 29(2) of the 1995 Act are satisfied.
(4) Particulars of any previous or pending proceeding in relation to any marriage concerned or relating to the matrimonial status of a party to any such marriage in accordance with section 30 of the 1995 Act.
(d) In the case of an application or the determination of property issues between spouses pursuant to section 36 of the 1995 Act or that section as applied by section 44 of the 1996 Act to engaged persons, such particulars of (a) above as are appropriate and
(1) The description, nature and extent of the disputed property or monies.
(2) The state of knowledge of the applicant's spouse in relation to the possession or control of the disputed properties or monies at all relevant times.
(3) The nature and extent of the interest being claimed by the applicant in the property or monies and the basis upon which such claim is made.
(4) The nature and extent of any claim for relief being made and the basis upon which any such claim is made.
(5) The manner in which it is claimed that the respondent has failed, neglected or refused to make to the applicant such appropriate payment or disposition in all of the circumstances and details of any payment or disposition actually made.
(6) Sufficient particulars to show that the time limits referred to at section 36(7) of the 1995 Act have been complied with.
(e) In the case of an application for relief out of the estate of a deceased spouse pursuant to section 15(A) or section 25 of the 1995 Act or section 18 of the 1996 Act, such of the particulars at (a) above as are appropriate and
(1) The date and place of the marriage and date of any decree of divorce/judicial separation. (The marriage certificate and a certified copy of the decree of divorce/separation shall be exhibited with the affidavit (with authenticated translations where appropriate)).
(2) Details of any previous matrimonial reliefs obtained by the applicant and in particular lump sum maintenance orders and property adjustment orders, if any.
(3) Details of any benefit 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.
(4) The date of death of the deceased spouse, the date upon which representation was first granted in respect of the estate of the said spouse and, if applicable, the date upon which notice of death of the deceased spouse was given to the applicant spouse and the date upon which the applicant spouse notified the personal representative of an intention to apply for relief pursuant to section 18(7) of the 1996 Act and section 15(A)(7) of the 1995 Act, as the case may be.
(5) 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.
(6) Details of the dependants of the deceased spouse at the date of death and of all the dependants of the applicant at the date of the application together with details together with details of any other interested persons.
(7) An averment as to whether any order pursuant to section 18(10) of the 1996 Act or section 15(A)(10) of the 1995 Act has previously been made.
(8) Details of the value of the estate of the deceased spouse where known.
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paragraphs: Any such affidavit filed under rule 4 shall, where appropriate, also exhibit the certificate required under section 5 or, as the case may be, section 6 of the 1989 Act or under section 6, or as the case may be, section 7 of the 1996 Act which shall be in Form Nos. 1, 2, 3 or 4 respectively as set out in the schedule hereto.
Affidavit of Means
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paragraphs: (1) Without prejudice to the right of any party to seek particulars of any matter from the other party to any proceeding or to the right of such party to make application to the Court for an order of discovery and without prejudice to the jurisdiction of the Court pursuant to section 12(25) of the 1995 Act or section 17(25) of the 1996 Act, in any case where financial relief under either of the Acts is sought each party shall file and serve an Affidavit of Means in the proceeding.