Family Civil Bills

Table of Contents

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 the addresses of both of the parties during that time, where known;
details of any previous matrimonial relief sought and/or obtained (and where appropriate, a certified copy of any relevant court order shall be annexed to the Family Law Civil Bill);
details of any previous separation agreement entered into between the parties (and where appropriate, a certified copy of any relevant deed of separation or separation agreement shall be annexed to the Family Law Civil Bill);
the names, dates of birth and ages of any dependent children of the marriage;
details of the family home(s) and/or other residences of the parties including, if relevant, details of any former family home or residence, including in every case details of the manner of occupation or ownership thereof;
where reference is made in the Family Law Civil Bill to any immovable property, whether it is registered or unregistered land and a description of the land including any premises thereon so referred to, whether or not relief is sought in respect of same;
the basis of jurisdiction under the Divorce Act;
the occupation(s) of each party;
the grounds relied upon for the relief sought;
each provision of the Divorce Act under which relief is sought.

Family Law Civil Bill where judicial separation is claimed

A Family Law Civil Bill in which a Decree of Judicial Separation is sought shall include the following details—

the date and place of marriage of the parties;
the names, dates of birth and ages of any dependent children of the marriage;
details of the family home(s) and/or other residence of the parties including, if relevant, details of any former family home or residence including in every case details of the manner of occupation or ownership thereof;
where reference is made in the Family Law Civil Bill to any immovable property, whether it is registered or unregistered land and a description of the land including any premises thereon so referred to, whether or not relief is sought in respect of same;
the basis of jurisdiction under the Judicial Separation Act and/or the Family Law Act;
the occupation(s) of each party;
the grounds relied upon for the decree and any other relief sought;
each provision of the Judicial Separation Act and/or the Family Law Act under which relief is sought. Family Law Civil Bill where relief after foreign divorce or separation outside the State is claimed

A Family Law Civil Bill Foreign Divorce or Separation

It shall also contain

the date and place of marriage of the parties;
the date and place of divorce or, as the case may be, separation of the parties;
the financial, property, custody and access arrangements operating ancillary to the foreign decree; whether such arrangements were made by agreement, by order of a court or otherwise; whether such arrangements were made contemporaneously with the foreign decree or at another time, and the extent of compliance therewith;
the names, dates of birth and ages of any dependent children of the marriage;
details of the family home(s) and/or other residence of the parties including, if relevant, details of any former family home or residence including in every case details of the manner of occupation or ownership thereof;
where reference is made in the Family Law Civil Bill to any immovable property within the State, whether it is registered or unregistered land and a description of the land including any premises thereon so referred to, whether or not relief is sought in respect of same;
the basis of jurisdiction under section 27 of the Family Law Act;
the present marital status and occupation(s) of each party;
the grounds relied upon for the relief sought;
each provision of the Family Law Act under which relief is sought;
details relevant to the matters referred to in section 26 of the Family Law Act;
particulars of the order of the Court granting leave to commence the proceedings, and a certified copy of the order shall be annexed to the Family Law Civil Bill.

Family Law Civil Bill where nullity is claimed

A Family Law Civil Bill in which a decree of nullity is sought shall include the following details—

the date and place of marriage of the parties;
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;
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 death;
the address and description of each party;
the number of children of the marriage;
the grounds upon which the decree and any other relief is sought;
the relief sought (including whether or not a declaration relating to the custody of a dependent member of the family under section 46 of the Family Law Act is sought), and
the issues to be tried.

Family Law Civil Bill Declaration of Marital Status

A Family Law Civil Bill in which a Declaration of Marital Status is sought shall include the following details—

the nature of the Applicant’s reason for seeking such a declaration;
full details of the marriage, divorce, annulment or, as the case may be, legal separation in respect of which the declaration is sought including the date and place of such marriage, divorce, annulment or, as the case may be, legal separation (and where possible, the marriage certificate, decree of divorce, annulment or, as the case may be, legal separation shall be annexed to the Family Law Civil Bill,);
the manner in which the jurisdictional requirements of section 29(2) of the Family Law Act are satisfied;
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 Family Law Act;
the relief being sought;
any other relevant facts.

Family Law Civil Bill Property Issues

A Family Law Civil Bill in which the determination is sought of property issues between spouses, or between formerly engaged persons, under the Divorce Act shall include the following details—

the description, nature and extent of the disputed property or monies;
the state of knowledge of the applicant spouse in relation to possession and control of the disputed property or monies at all relevant times;
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;
the nature and extent of any claim for relief being made and the basis upon which any such claim for relief is being made;
where reference is made in the Family Law Civil Bill to any immovable property, whether it is registered or unregistered land and a description of the land including any premises thereon so referred to;
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;
that the time limits referred to in the Family Law Act have been complied with;
any other relevant matters.

Family Law Civil Bill Guardianship Act or the Children Act

A Family Law Civil Bill in which relief is sought under the Guardianship Act or the Children Act shall include the following details—

the precise reliefs being sought;
whether the applicant is the mother, the father, the second parent or some other relative of the child to whom the application relates;
whether the respondent is the mother, the father, the second parent or some other relative of the child;
details of the guardians of the child;
the residential address and occupation of the applicant and the respondent;
the grounds on which the application is being made;
the date of birth and place of residence of the child;
all other relevant details relating to the child;
any other relevant information.

Family Law Civil Bill Maintenance Act

A Family Law Civil Bill in which relief is sought under the Maintenance Act shall include the following details—

the precise reliefs sought and the persons in respect of whom they are sought;
the residential address and occupation of the applicant and the respondent;
the relationship between the applicant and the respondent and the persons in respect of whom the application is made;
the date of marriage (if applicable) including details of the date and place of marriage;
the names, dates of birth and place of residence of all children concerned in the application;
the nature of the failure to maintain asserted;
any relevant change of circumstances (if applicable);
any other relevant circumstances.

Family Law Civil Bill Family Home Act

A Family Law Civil Bill in which relief is sought under the Family Home Act shall include the following details—

the address and description of the family home;
the date and place of marriage of the parties;
the residential address and occupation of the applicant and the respondent (if known);
the relief sought and the facts intended to be relied upon;
a statement that the market value of the land does not exceed €3,000,000;
any other relevant circumstances.

Family Law Civil Bill Status of Children Act

A Family Law Civil Bill in which relief is sought under section 35 of the Status of Children Act shall include the following details—

the address within the State where every party to the proceedings resides or carries on any profession, business or occupation;
the date of birth of the person concerned (within the meaning of section 35(1) of the said Act);
the place of birth of the person concerned;
if the place of birth of the person concerned is not within the State, the reasons for seeking the declaration from the Court;
the name and address of the person named as the father of the person concerned;
whether the person named as the father of the person concerned is or is not alive;
the name and address of the person named as the mother of the person concerned;
whether the person named as the mother of the person concerned is or is not alive;
the name and address of the person named as the second parent of the person concerned;
whether the person named as the second parent of the person concerned is or is not alive;
a brief statement of the grounds of the application for a declaration.

In proceedings for relief under section 35 of the Status of Children Act, any person or persons named as father, mother or second parent of the person concerned shall be named as respondents to the proceedings, unless he or she is the next friend of the person concerned for the purpose of the said application. Where the person concerned is not the applicant, he or she shall also be named as a respondent to the proceedings.