Category: Family Procedure

Affidavit of Means In any case where financial relief under any of the Acts to which the principal part of the  CC Rules applies is sought, the parties shall file Affidavits of Means. Where a Defence and/or Counterclaim has been filed, each party shall, unless the other party dispenses in writing with the requirement of […]

Case Progression The purpose of case progression is to ensure that proceedings are prepared for trial in a manner which is just, expeditious and likely to minimise the costs of the proceedings and that the time and other resources of the court are employed optimally. Listing of proceedings for case progression (Dublin Circuit) Where: both […]

Appearance A Respondent shall enter an Appearance in the Office within 10 days of the service upon him of a Family Law Civil Bill. Where required, the appropriate statutory declaration made pursuant to section 5 of the Judicial Separation Act or section 6 of the Divorce Act, which shall be in the Form 37D of […]

Family Law Civil Bill where divorce is claimed A Family Law Civil Bill in which a Decree of Divorce is sought shall include the following details— the date and place of marriage of the parties; the length of time the parties have lived apart, including the date upon which the parties commenced living apart, and […]

Venue for proceedings Family Circuit Court proceedings shall be brought in the county where any party to the proceedings ordinarily resides or carries on any profession, business or occupation. Proceedings for the appointment of a guardian for a child shall be brought in the county where the applicant or the child to whom the application […]

General The District Court has a range of jurisdiction in family matters.  Special forms of civil summons apply to various family law proceedings.  An appeal lies the Circuit Court from decisions of the District Court in family matters. Family law matters are not heard in public. There are provisions for applications by members of the […]

Jurisdiction Circuit Court has the same jurisdiction as the High Court to hear divorce, judicial separation and nullity applications.  Most family law applications are brought in the Circuit Court.  If complicated issues are involved, the case may be brought in the High Court. Most family cases are heard in private. This is referred to as […]

Family Proceedings The Family Law Civil Bill is served on the respondent.  If the respondent wishes to dispute the matter in part or in whole, he she or  they may serve within 10 days or such extended time as may be permitted or agreed, a defence in a prescribed format.  In the absence of a […]

Court Jurisdiction Divorce and judicial separation matters may be heard by the Circuit Court or the High Court.  Both Circuit and High Courts have complete jurisdiction. The vast majority of matrimonial, family divorce and judicial separation cases are heard in the Circuit Court. An application may be made to transfer a case to the High […]