High Court Family
Matrimonial Causes and Matters
1. Proceedings in matrimonial causes and matters shall be commenced by filing a petition, which shall be addressed to the High Court and which shall be in the Form No 1 Appendix L. (The forms hereinafter referred to in this Order are the forms set forth in said Appendix).
2. Every petition by which such proceedings shall be commenced shall state the domicile of the parties at the respective dates of the marriage and of the petition, the place of the marriage, the address and description of each party, and the number of children of the marriage.
3. Every petition shall be accompanied by an affidavit made by the petitioner, verifying the facts of which he or she has personal knowledge, and deposing as to belief in the truth of the other facts alleged in the petition and such affidavit shall be filed with the petition.
4.[1] In cases where the petitioner is seeking a decree of nullity of marriage, the petitioner’s affidavit filed with his or her petition, shall further state that no collusion or connivance exists between the petitioner and the other party to the marriage or alleged marriage, and in cases where the petitioner is seeking a decree for restitution of conjugal rights the affidavit filed with the petition, shall further state sufficient facts to show that a written demand for cohabitation and restitution of conjugal rights has been made by the petitioner upon the party to be cited, and that after a reasonable opportunity for compliance therewith, such cohabitation and restitution of conjugal rights has been withheld.
5. Every petitioner who files a petition and affidavit shall forthwith extract a citation, under seal of the Court, for service on each respondent in the cause.
6.[2] Every citation shall be in the Form No 2, and the party extracting the same, or his solicitor, shall take it up, together with a praecipe and get the citation signed. The praecipe shall contain the registered place of business of the solicitor depositing same, or if there be no solicitor, an address for service where notices, pleadings, orders, warrants, and other documents may be left for such party.
7. Citations shall be served personally when that can be done.
8. Service of a citation shall be effected by personally delivering a true copy of the citation to the party cited, and producing the original, if required.
9. To every person served with a citation shall be delivered, together with the copy of the citation, a certified copy of the petition under seal of the Court.
10. In cases where personal service cannot be effected, application may be made by motion to the Court to substitute some other mode of service.
11. After service has been effected the citation, with a certificate of service in the Form No 3 indorsed thereon, shall be forthwith filed in the Central Office.
12. When it is ordered that a citation shall be advertised, the newspapers containing the advertisement shall be filed in the Central Office with the citation.
13. Rules 7 to 12, so far as they relate to the service of citations, shall apply to the service of all other documents requiring personal service.
14. A petitioner may not proceed, after having extracted a citation, until an appearance shall have been entered by or on behalf of the respondents, or it shall be shown by affidavit, filed in the Central Office, that they have been duly cited and have not appeared.
15. The citation referred to in the affidavit of service shall be annexed to such affidavits, and marked by the person before whom the same is sworn. The affidavit of service of a citation shall be in the Form No 4.
16. All appearances to citations shall be entered in the Central Office in a book provided for that purpose, and shall be in the Form No 5.
17. An appearance may be entered at any time before a proceeding has been taken in default, or afterwards by leave of the Court, and every appearance shall contain the registered place of business of the solicitor entering same, or, if there be no solicitor, an address for service as prescribed by rule 6.
18. If a party cited wishes to raise any question as to the jurisdiction of the Court; he shall enter an appearance under protest, and within eight days file in the Central Office his act on petition in extension of such protest, and on the same day deliver a copy thereof to the petitioner, or to his solicitor. After the entry of an absolute appearance to the citation, a party cited cannot raise any objection as to jurisdiction.
19. Application for leave to intervene in any cause shall be made to the Court, by motion, supported by affidavit, and every party intervening shall join in the proceedings at the stage in which he finds them, unless it is otherwise ordered by the Court but the Court may give liberty to a party intervening to plead, as if he was a party to the proceedings originally.
20. Each respondent who has entered an appearance may within twenty-eight days after service of the citation on him file in the Central Office an answer to the petition, in the Form No 6.
21. Each respondent shall on the day he files an answer deliver a copy thereof to the petitioner, or to his solicitor.
22. Every answer which contains matter other than a simple denial of the facts stated in the petition, shall be accompanied by an affidavit made by the respondent, verifying such other or additional matter, so far as he has personal knowledge thereof, and deposing as to his belief in the truth of the rest of such other or additional matter, and such affidavit shall be filed with the answer.
23.[3] In cases involving a decree of nullity of marriage, the respondent who is husband or wife of the petitioner, shall in the affidavit filed with the answer, further state that there is not any collusion or connivance between the deponent and the petitioner.
24. Within fourteen days from the filing and delivery of the answer the petitioner may file a reply thereto, and no further pleading shall be allowed without leave of the Court.
25. A copy of every reply and subsequent pleading shall on the day the same is filed be delivered to the opposite parties or to their solicitors.
VIII. General rules as to pleadings
26. Either party desiring to alter or amend any pleading shall apply to the Master by motion on notice for permission to do so, unless the alteration or amendment be merely verbal, or in the nature of a clerical error, in which case the application may be made ex parte.
27. When a petition, answer, or other pleading has been ordered to be altered or amended, the time for filing and delivering a copy of the next pleading shall be reckoned from the time of the order having been complied with.
28. A copy of every pleading showing the alterations and amendments made therein shall be delivered to the opposite parties on the day such alterations and amendments are made in the pleading filed in the Central Office; and the opposite parties, if they have already pleaded, shall be at liberty to amend such pleading within four days after such delivery, or such further time as may be allowed for the purpose.
29. If either party in the cause fail to file or deliver a copy of the answer, reply, or other pleading, or to alter or amend the same, or to deliver a copy of any altered or amended pleading, within the time allowed for the purpose, the party to whom the copy of such answer, reply, or other pleading or altered or amended pleading, ought to have been delivered, shall not be bound to receive it, and such answer, reply, or other pleading, shall not be filed, or be treated or considered as having been filed, or be altered or amended, unless by order of the Court. The expense of obtaining such order shall fall on the party applying for it, unless the Court shall otherwise direct.
30. Applications for further particulars of matters pleaded shall be made to the Court by motion on notice.
31. No pleading in any matrimonial cause or matter except the petition by which the proceedings shall be commenced shall be filed, delivered, or amended in the Long vacation unless directed by the Court, but every such petition may be delivered in the Long vacation without any order.
32. (1) In proceedings for nullity on the ground of impotence or incapacity, the petitioner shall, after the filing of the last pleading or, if no appearance has been entered or answer filed, after the expiration of the time allowed for entering an appearance or filing an answer (as the case may be), apply to the Master to determine whether medical inspectors should be appointed to examine the parties.
(2) Upon such application the Master may appoint two medical inspectors to examine the parties and report to the Court the result of such examination.
(3) At the hearing of any such proceedings the Court may appoint a medical inspector or two medical inspectors to examine any party who has not been examined or to examine further any party who has been examined, and to report to the Court the result of such examination.
(4) In proceedings for nullity on the ground that the marriage has not been consummated owing to the wilful refusal of the respondent to do so, either party may, after the filing of the last pleading, apply to the Master for the appointment of medical inspectors to examine the parties and to report to the Court the result of such examination. Upon such application the Master shall appoint two medical inspectors and either of the parties shall be at liberty to submit himself for examination to one or both of the inspectors so appointed.
(5) The party on whose application medical inspectors have been appointed as aforesaid shall cause notice of the time and place of the examination to be given to the other party.
(6) Every examination shall be held at the consulting rooms of one of the medical inspectors so appointed as aforesaid or at some other convenient place to be specified in the order appointing them.
(7) A Registrar shall attend at the place fixed for the examination and call upon the solicitors for the parties to identify the parties to be examined. When the parties have been identified, the Registrar shall certify such identification in the Form No 8, and shall administer an oath in the Form No 9 to the medical inspectors who shall sign the same. The certificate of identification and oath shall be filed by the Registrar in the Central Office.
(8) Every report made under this rule shall be sent by prepaid registered post by the medical inspectors to the Master at the Four Courts, Dublin, and thereupon shall be filed in the Central Office, and either party shall be entitled to obtain a copy thereof upon payment of the prescribed fee.
33. No cause shall be called on for trial or hearing until after the expiration of ten days from the day when the application to settle the mode of trial shall have been heard, unless by consent or by special order.
34. Any respondent in the cause, after entering an appearance, without filing an answer to the petition in the principal cause, may be heard in respect of any question as to costs.
35. The Court may, on the trial or hearing of any cause, order an adjournment to such time and subject to such conditions as to costs and otherwise as it shall think fit.
XI. Evidence taken by affidavit
36. When the Court has directed that all or any of the facts set forth in the pleadings be proved by affidavits, such affidavits shall be filed in the Central Office within eight days from the time when such direction was given, unless the Court shall otherwise direct.
37. Counter-affidavits as to any facts to be proved by affidavit may be filed within eight days from the filing of the affidavits which they are intended to answer.
38. Copies of all affidavits shall on the day when the same are filed be delivered to the other parties to be heard on the trial or hearing of the cause, or to their solicitors.
39. Affidavits in reply to counter-affidavits shall not be filed without permission of the Court.
40. The Court may, on the application of any party, order the attendance for cross-examination of any person making an affidavit.
41. Any party to a cause who has entered an appearance may apply on motion to the Court to be heard on his petition touching any collateral questions which may arise in a suit.
42. The party to whom leave has been given to be heard on his petition shall within eight days file his act on petition in the Central Office, and on the same day deliver a copy thereof to such parties in the cause as are required to answer thereto.
43. Each party to whom a copy of an act on petition is delivered shall within eight days after receiving the same file his answer thereto in the Central Office, and on the same day deliver a copy thereof to the opposite party, and the same course shall be pursued with respect to any subsequent pleading. But no pleading after the reply shall be allowed without leave of the Court.
44. The parties to the act on petition respectively, within eight days from that on which the last pleading is filed, shall (unless any different mode of proof shall be directed by the Court) file in the Central Office such affidavit and other proofs as may be necessary in support of their several averments.
45. After the time for filing affidavits and proofs has expired, unless any different mode of proof shall have been directed by the Court, the party filing the act on petition shall set down the petition for hearing; and in the event of his failing to do so within a month any party who has filed an answer thereto may set the same down for hearing, and the petition will be heard by the Court without a jury.
46. The order directing any different mode of proof mentioned in rules 44 and 45 shall provide for the hearing of the petition.
47. The wife, being the petitioner in a cause, may apply for alimony pending suit by motion on notice supported by affidavit at any time after the citation has been duly served on the husband or after order made by the Court to dispense with such service, provided the factum of marriage between the parties is established by affidavit previously filed.
48. The wife, being the respondent in a cause after having entered an appearance may also apply by motion on notice supported by affidavit for alimony pending suit.
49. The husband shall within eight days after the service of the notice of motion and copy of the affidavit in support thereof file an affidavit in answer and give notice of the filing thereof to the wife.
50. The husband, being respondent in the cause, shall enter an appearance before he can file an affidavit in answer to an application for alimony.
51. If the wife is not satisfied with the sufficiency of the husband’s affidavit in answer, she may apply to the Court by motion to order him to give a further and fuller affidavit in answer or to order his attendance on the hearing of the motion for the purpose of being examined thereon.
52. In case the affidavit in answer of the husband alleges that the wife has property of her own, she may within eight days after notice of filing thereof, file an affidavit in reply to that allegation, but the husband shall not be at liberty to file an affidavit by way of rejoinder without permission of the Court.
53. If no affidavit in answer is filed by the husband the wife may proceed with the motion or may apply to the Court by motion to order his attendance at the hearing thereof for the purpose of being examined thereon.
54.[4] [ • ]
55.[5] A wife may at any time after alimony has been allotted to her, whether alimony pending suit, apply by motion for an increase of the alimony allotted by reason of the increased faculties of the husband or by the reduction of her own faculties, or a husband may apply by motion for a diminution of the alimony allotted by reason of reduced faculties or of the wife’s increased faculties, and the course of proceeding in such cases shall be the same as required by this Order in respect of the original application for alimony and the allotment thereof so far as the same are applicable.
56.[6] [ • ]
57.[7] Alimony pending suit shall be paid to the wife or to some person to be nominated in writing by her and approved of by the Court as trustee on her behalf.
XIV. Restitution of conjugal rights
58. At any time after the commencement of proceedings for restitution of conjugal rights the respondent may apply to the Court for an order to stay the proceedings in the cause by reason that he is willing to resume or to return to cohabitation with the petitioner.
59. An infant may elect any one or more of his next-of-kin as guardian, for the purpose of proceeding on his behalf as petitioner, respondent, or intervener in a cause.
60. The necessary instrument of election shall be filed in the Central Office before the guardian elected can be permitted to extract a citation or to enter an appearance on behalf of the infant.
61. Where an infant has not elected a guardian as aforesaid, the Court shall assign a guardian to the infant for such suit.
XVI. Attachment and Sequestration
62. In all matrimonial causes and matters, orders of attachment and orders of sequestration are to be prepared by the party at whose instance the order for the issue thereof has been obtained or the party applying for the issue thereof and taken to the Central Office with an attested copy of the order if made and a praecipe for the order and when approved or signed by the Master or the Registrar shall be sealed and it shall not be necessary for the Judge to seal such orders.
63. Any person in custody under an order of attachment may apply for his discharge to the Court.
64. All notices required by this Order or by the practice of the Court, shall be signed by the party, or by his solicitor.
XVIII. Service of pleadings, notices, &c.
65. It shall be sufficient to leave all pleadings, notices and other documents, which by this Order are required to be given or delivered to the opposite parties in the cause, or to their solicitors, and personal services of which is not expressly required, at the registered place of business or address for service furnished as aforesaid by the petitioner and respondent respectively.
66. Where it is necessary to give notice of any motion to be made to the Court, such notice shall be served on the opposite parties who have entered an appearance two clear days previously to the hearing of such motion, and a copy of the notice so served shall be filed in the Central Office, but no proof of the service of the notice will be required, unless by direction of the Court.
67. If an order be obtained on motion without due notice to the opposite parties, such order shall be rescinded on the application of the parties upon whom the notice should have been served; and the expense of and arising from the rescinding of such order shall fall on the party who obtained it, unless the Court shall otherwise direct.
68. When it is necessary to serve personally any judgment or order, the original judgment or order, or an attested copy thereof, shall be produced to the party served, and annexed to the affidavit of service.
69. A party may obtain an order to change his or her solicitor, upon application to the Master.
70. In case the former solicitor neglects to file his bill of costs for taxation at the time required by the order served upon him, the party may, with the sanction of the Court, proceed in the cause by the new solicitor, without previous payment of such costs.
71. Motion papers are to set forth the style and object of, and the names and descriptions of the parties to, the cause or proceeding before the Court; the proceedings already had in the cause, and the dates of the same; the prayer of the party on whose behalf the motion is made, and briefly the circumstances on which it is founded.
72. If the motion papers tendered are deficient in any of the above particulars, the same shall not be received without permission of the Master.
73. The motion paper and the affidavit in support thereof and all original documents referred to in such affidavits shall be filed and left in the Central Office.
74.[8] All bills of costs for business in matrimonial causes and matters shall be adjudicated by the Legal Costs Adjudicator.
75.[8] After directions have been given as to the mode of hearing of trial of a cause, or in an earlier stage of a cause, where special circumstances are shown, the Court may, on the application by motion of a wife who is a petitioner or who has entered an appearance (unless the husband shall prove that the wife has sufficient separate estate or show other good reason) make an order directing him to pay her costs of the cause up to the date of such application, and her further costs de die in diem up to the trial or hearing, and directing the Legal Costs Adjudicator to adjudicate such costs and at the time of such adjudication (if directions as to the mode of hearing or trial have been given before such adjudication) to ascertain and certify what is a sufficient sum of money to be paid into Court or what is a sufficient security to be given by the husband to cover the costs of the wife of and incidental to the hearing or trial of the cause.
76.[8] In all cases in which the Court at the hearing of a cause orders any party to the suit to pay the costs of the other party, the solicitor of the party to whom such costs are to be paid may forthwith lodge his bill of costs and obtain a return date for the adjudication, provided that such adjudication shall not take place before the time allowed for moving for a new trial or for bringing an appeal has expired.
77.[8] When the Legal Costs Adjudicator has signed his certificate of determination or as to security, it may be lodged by the party obtaining the same in the Central Office, and the Master shall at once issue an order for payment of the amount or giving of security within seven days. This order shall be served on the party liable or his solicitor, but unless by leave of the Court no sequestration to enforce such payment shall be issued.
78. When on the hearing or trial of a cause the decision of the Court or the verdict of the jury is against the wife, no costs of the wife of and incidental to such hearing or trial shall be allowed as against the husband, except such as shall be applied for, and ordered to be allowed by the Court at the time of such hearing or trial.
79. Where a party served with a citation does not appear within the time limited for appearance, upon the filing by the petitioner of a proper affidavit of service, the cause may proceed as if such party had appeared, but any pleadings or motions required to be served on such party shall be filed with the proper officer in the Central Office in lieu of service.
Footnotes
[1] Order 70 rule 4 amended by SI 97 of 1990, effective 1 May 1990. This deleted the words “or of divorce a mensa et thoro” following “…decree of nullity of marriage”.
[2] Order 70 rule 6 amended by SI 307 of 2013, effective 26 August 2013. This deleted the words “within the jurisdiction” following “…an address for service.”
[3] Order 70 rule 23 amended by SI 97 of 1990, effective 1 May 1990. This deleted the words “or of divorce a mensa et thoro” following “…decree of nullity of marriage”.
[4] Order 70 rule 54 deleted by SI 97 of 1990, effective 1 May 1990.
[5] Order 70 rule 55 amended by SI 97 of 1990, effective 1 May 1990. This deleted the words “or permanent alimony” following “…whether alimony pending suit”.
[6] Order 70 rule 56 deleted by SI 97 of 1990, effective 1 May 1990.
[7] Order 70 rule 57 amended by SI 97 of 1990, effective 1 May 1990. This deleted the words “and also permanent alimony” following “Alimony pending suit”.
[8] Order 70 rules 74 to 77 substituted by SI 584 of 2019, effective 3 December 2019.
Family Law : S.I. No. 343 Of 1997
1. (1)[4] In this Order, “family law proceedings” shall include:
(a) any proceeding pursuant to section 36 of the Family Law Act 1995 or pursuant to that section as applied by section 44 of the Family Law (Divorce) Act 1996;
(b) an application pursuant to the Adoption Act 2010;
(c) an application pursuant to section 3(8), section 4, section 5 or section 9 of the Family Home Protection Act 1976;
(d) any application pursuant to section 6 or section 7 of the Family Law Act 1981;
(e) any proceeding pursuant to the Guardianship of Infants Act 1964, pursuant to the Family Law (Maintenance of Spouses and Children) Act 1976 or pursuant to the Domestic Violence Acts 1996 and 2002 which has been instituted 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 ancillary 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 ancillary application relating thereto under Part III of that Act;
(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 15A 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.
(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).
2. All family law proceedings other than an application to which rule 26 or rule 27 of this Order applies[5] 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”
3. 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.
4. 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.
5. [6] The statutory declaration required under section 20 or as the case may be section 21 of the Guardianship of Infants Act 1964 or 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 shall be in Form No. 1 in Appendix KK.
6. (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.
(2) The Affidavit of Means shall be in Form No 5 as set out in the Schedule hereto.
(3) An Affidavit of Means of the applicant shall be served with the verifying affidavit grounding such proceeding and the Affidavit of Means of any respondent or any other party shall be served with the replying affidavit in the proceeding unless otherwise ordered by the Master or the Court. Subsequent to the service of an Affidavit of Means either party may request the other party to vouch all or any of the items referred to therein within 21 days of the said request.
(4) In the event of a party failing properly to comply with the provisions in relation to the filing and serving of an Affidavit of Means as hereinbefore provided for or failing properly to vouch the matters set out therein, the Court may, on application by notice of motion, grant an order for discovery and/or make any such order as the Court deems appropriate and necessary, including an order that such party shall not be entitled to pursue or defend as appropriate such claim for any ancillary relief under the Act save as permitted by the Court and upon such terms as the Court may determine are appropriate or the Court may adjourn the proceeding for a specified period of time to enable compliance with any such previous request or order of the Court.
7. In any case in which there is a dependent child or children of the spouses or either of them an Affidavit of Welfare shall be filed and served on behalf of the applicant and shall be in Form No 6 as set out in the Schedule hereto. In a case in which the respondent agrees with the facts as averred to in the Affidavit of Welfare filed and served by the applicant, the respondent may file and serve an Affidavit of Welfare in the alternative form provided in Form No 3 (link to follow) of the Schedule hereto. In a case in which the respondent disagrees with all or any of the Affidavit of Welfare served and filed by an applicant, a separate Affidavit of Welfare in the said Form No 6 herein shall be sworn, filed and served by the respondent within 21 days from the date of service of the applicant’s Affidavit of Welfare.
Ex parte application to seek relief under section 23 of the 1995 Act
8. (1) An applicant for relief under section 23 of the 1995 Act may issue but not serve a special summons and shall as soon as may be after the issue of such summons apply ex parte to the Court for leave to make the application for the relief claimed in the summons.
(2) The applicant shall by affidavit verify the requirements specified in section 27 of the 1995 Act and shall set forth the substantial grounds relied upon for seeking relief.
(3) The Court may upon such application, if appropriate, grant or refuse such application or may, in circumstances which seem appropriate, adjourn the application to allow the applicant to put further evidence before the Court on any relevant matter.
(4) If upon application made to it the Court shall grant leave to make the application for the relief claimed in the summons, the applicant may thereupon proceed to serve the summons in the manner provided for by these rules and the matter shall thereupon proceed in accordance with the provisions of this Order.
Interim and Interlocutory Relief
9. (1) An application for:
(a) a preliminary order pursuant to section 6 of the 1995 Act; or
(b) a preliminary order pursuant to section 11 of the 1996 Act; or
(c) maintenance pending suit pursuant to section 7 of the 1995 Act; or
(d) maintenance pending relief pursuant to section 24 of the 1995 Act; or
(e) maintenance pending suit pursuant to section 12 of the 1996 Act; or
(f) calculations pursuant to section 12(25) of the 1995 Act; or
(g) calculations pursuant to section 17(25) of the 1996 Act; or
(h) relief pursuant to section 35 of the 1995 Act; or
(i) relief pursuant to section 37 of the 1996 Act; or
(j) relief pursuant to section 38(8) of the 1995 Act; or
(k) relief pursuant to section 38(7) of the 1996 Act; or
(l) a report pursuant to section 47 of the 1995 Act; or
(m) a report pursuant to section 42 of the 1996 Act; or
for any other interlocutory relief, shall be by notice of motion to the Court. Such notice shall be served upon the other party or parties to the proceeding 14 clear days before the return date and shall, where appropriate, be grounded upon the affidavit or affidavits of the parties concerned.
(2) An application may be made ex parte to the Court in any case in which interim relief of an urgent and immediate nature is required by the applicant and the Court may in any case, where it is satisfied that it is appropriate, grant such relief or make such order as appears proper in the circumstances.
(3) Any interim or interlocutory application shall be heard on affidavit unless the Court otherwise directs. Where any oral evidence is heard by the Court in the course of any such application ex parte, a note of such evidence shall be prepared by the applicant or the applicant’s solicitor and approved by the Court and shall be served upon the respondent forthwith together with a copy of the order made, if any, unless otherwise directed by the Court.
10. An applicant who seeks an order under Part II of the 1995 Act or under Part III of the 1996 Act affecting a pension in any way shall give notice to the trustees thereof in the Form No 7 as set out in the Schedule hereto informing them of the application and of the right to make representations in relation thereto to the Court.
11. (1) An applicant or respondent may, at any stage, bring a motion for directions to the Court:
(a) Where there are any dependent children who are sui juris and whose welfare or position is or is likely to be effected by the determination of the proceeding or of any issue in the proceedings;
(b) Where an order is sought concerning the sale of any property in respect of which any other party has or may have an interest;
(c) Where an order of any type is sought which will affect the rules of a pension scheme or require non-compliance therewith; or
(d) Where an application is brought seeking provision out of the estate of a deceased spouse,
or in any other case in which it is appropriate. Such notice of motion shall be grounded upon the affidavit of the applicant which shall, in particular, identify the party or parties whose interests are or are likely to be affected by the determination of the proceeding or any issue in the proceeding and who ought to be put on notice of the said proceeding and given an opportunity of being heard.
(2) The Court may, upon such motion or of its own motion, make such order or give such direction pursuant to section 40 of the 1995 Act or section 40 of the 1996 Act as appears appropriate and may, where any order affecting the rules of a pension scheme is sought, direct that further notice be given to the trustees of such pension scheme in accordance with the Form No 7 set out in the Schedule hereto or in such variation thereof as the Court may direct, as appropriate.
(3) Save where the Court shall otherwise direct, a notice party who wishes to make representations to the Court shall make such representations by affidavit which shall be filed and served on all parties to the proceeding within 28 days of service upon them of the notice of application for relief or within such further time as the Court may direct.
12. The Court may, at any stage, direct that the parties to any proceeding exchange pleadings in relation to all or any of the issues arising in the proceeding between the parties or between the parties or any of them and any third party on such terms as appears appropriate and may give such directions in relation to the matter as appear necessary.
13. (1) Save where the Court otherwise directs, the hearing of any interim or interlocutory application brought under the Acts shall be on the affidavits of the parties subject to the right of the parties to seek to cross examine the opposing party on their affidavit. Any party may serve a notice to cross examine in relation to the deponent of any affidavit served on him.
(2) Save where the court otherwise directs the hearing of any application under the Acts shall be on the oral evidence of the parties.
(3) Where relief is sought by the applicant or the respondent pursuant to section 12 of the 1995 Act or section 17 of the 1996 Act, evidence of the actuarial value of the benefit under the scheme shall be by affidavit filed on behalf of the applicant or respondent as the case may be. Such affidavit on behalf of an applicant shall be sworn and served on all parties to the proceeding and filed at least 28 days in advance of the hearing and subject to the right to serve notice of cross examination in relation to the affidavit. When one of the parties has adduced evidence of the actuarial value of the benefit by such affidavit as provided herein which the other part intends to dispute, he shall do so by affidavit which shall be filed at least 14 days in advance of the hearing, subject to the right to serve notice of cross examination[7] in relation to same.
14. Where any relief is sought which has not been specifically claimed, the Court may adjourn the proceedings to allow such amendments to the Family Law Summons as may be necessary and upon such terms and conditions as it seems fit.
15. (1) Where any action or proceeding is pending in the High Court which might have been commenced in the Circuit Court or the District Court any party to such action or proceeding may apply to the High Court that the action be remitted or transferred to the Circuit Court or the District Court (as the case may be) and if the High Court should, in exercise of its discretion, consider such an order to be in the interests of justice it shall remit or transfer such action or proceeding to the Circuit Court or the District Court (as the case may be) to be prosecuted before the Judge assigned to such Circuit or (as the case may require) the Judge assigned to such District as may appear to the Court suitable and convenient, upon such terms and subject to such conditions as to costs or otherwise as may appear just.
(2) An application under this rule to remit or transfer an action or proceeding may be made at any time after an appearance has been entered.
16. The provisions of Order 49, rules 1, 2, 3 and 6 shall apply to any proceeding commenced under rule 2 above.
17. Any respondent in family law proceedings may counterclaim by way of a replying affidavit and such affidavit shall clearly set out the relief claimed and the grounds upon which it is claimed in like manner as if he were an applicant and subject to the provisions of this order.
18. In any proceeding which has been transferred to the High Court pursuant to section 31(3) of the 1989 Act, the applicant and the respondent shall each within fourteen days from the making of the order or such further time as the Master may allow, file in the Central Office an affidavit or supplemental affidavits as shall appear necessary to conform to the requirements of this order as if the proceeding had commenced in the High Court, together with certified copy of the order transferring the same and the proceeding shall thereupon be listed for hearing.
19. An application by either spouse or on behalf of a dependent member pursuant to section 18 of the 1995 Act or section 22 of the 1996 Act shall be made to the Court by motion in the proceeding notice to the party concerned and shall be supported by an affidavit verifying the same and shall set out fully how, when and in what respect circumstances have changed or what new evidence exists as a result of which the Court should vary or discharge or otherwise modify in any respect an order to which the section applies.
20. An application pursuant to section 35 of the 1995 Act or pursuant to section 37 of the 1996 Act may, at any time, be made to the Court by motion on notice in the proceeding to the party concerned and shall be supported by an affidavit verifying the facts alleged in relation to the disposition complained of and shall specify the relief claimed and the way in which the disposition is said to be intended to defeat the relief claimed or to affect it in any way and the Court may make such order upon such motion as appears proper in the circumstances and may, if necessary, adjourn the motion in order to give notice of the application to any party affected by the disposition complained of or the disposal of the property concerned.
21. An application pursuant to section 8 of the 1989 Act, for the rescission of a grant of a decree of judicial separation shall be preceded by a notice of re-entry which shall have been given at least one month before the date of the application and shall be grounded on an affidavit sworn by each of the spouses seeking such rescission which shall specify the nature and extent of the reconciliation including whether they have resumed cohabiting as husband and wife and shall also specify such necessary ancillary orders (if any) as they require the Court to make or to consider making in the circumstances.
22. Subsequent to the grant of a decree of judicial separation or of a decree of divorce any party who seeks any or any further ancillary relief under Part II of the 1995 Act or under Part III of the 1996 Act shall do so by notice of motion in the proceeding. Such notice shall be served on any party concerned and shall be grounded on the affidavit of the moving party.
23. In this Part of this Order,
the “2010 Act” means the Adoption Act 2010;
the “Agency” means the Child and Family Agency established under section 7 of the Child and Family Agency Act 2013, and
the “Authority” means the Adoption Authority of Ireland.
Applications to give custody of child to prospective adopters and to authorise dispensing with consent to adoption
24. (1) In any proceeding pursuant to section 31 of the 2010 Act, the applicants for the adoption order shall cause a copy of the special summons to be served on the Authority, and upon the service of a summons on the Authority, the Authority shall take the following steps:
(a) It shall cause the other person referred to in section 31(2)(b) of the 2010 Act (in this rule, the “other person”), to be informed of the following matters:
(i) the fact of the institution of the proceeding under section 31 of the 2010 Act without revealing to such person the name or identity of the applicants;
(ii) the fact that the other person is entitled to be heard and represented upon the hearing of the summons.
(b) It shall ascertain from the other person the following information:
(i) whether the other person wishes to be heard and to be represented at the hearing of the summons;
(ii) whether the other person has available to him or her advice and is in a position from his or her own resources to be represented by solicitor or solicitor and counsel at the hearing of the summons;
(iii) the address at which the person may be informed of the proceeding and in particular of the date of any hearing at which the other person will be heard and represented.
(2) Upon the completion of the steps provided for in sub-rule (1), the Authority shall apply to the Court for directions by motion on notice to the applicants. Such application shall, in the first instance, be on affidavit and if it has been possible to communicate with the other person, such affidavits shall include an affidavit by the officer or member of staff of the Authority who has actually spoken to and had communication with the other person. The other person shall not be identified in the body of the affidavit but the name and address, present and future, of the other person shall be set out in a sealed envelope exhibited to the affidavit. That exhibit shall be opened by the Judge only, and unless by special direction of the Court, the name, address and identity of the other person shall not be revealed to any of the other parties in the suit.
(3) On the hearing of the motion for directions, the Court may give such directions as it shall think fit for the hearing of the action and in particular may:
(a) provide, if necessary, for the representation of the other person;
(b) fix a date for the hearing in camera of the evidence and submissions on behalf of the applicants in the absence of the other person but in the presence of the solicitor or solicitor and counsel representing the other person;
(c) fix a separate date for the hearing in camera of the evidence and submissions by and on behalf of the other person in the absence of the applicants but in the presence of the solicitor or solicitor and counsel for the applicants.
(4) If it is satisfied by the affidavits supporting the motion or such further evidence, oral or otherwise, as may be adduced on behalf of the Authority that it is not possible to ascertain the whereabouts of the person who has placed the child for adoption and that it is not possible to communicate with the other person, the Court may proceed to hear and determine the application without further notice to the other person.
Applications for orders authorising the Authority to make adoption orders for children whose parents fail in their duty towards them
25. (1) In an application brought pursuant to section 54(1)(a) of the 2010 Act, the Agency shall serve a copy of the summons on the applicants and shall verify by affidavit the reasons why it considers it proper to make the application.
(2) In any proceeding brought pursuant to section 54(1)(b)of the 2010 Act, the applicants shall serve a copy of the summons on the Agency and thereupon the Agency shall verify by affidavit its reasons for (as the case may be):
(i) declining to apply to the Court, or
(ii) failing to apply to the Court and failing to serve the notice required by section 54(1)(b)(i) of the Act.
Such affidavit shall be sworn by the proper officer of the Agency.
(3) In an application brought under sub-rule (1) or (2), the provisions of rule 24 relating to the steps to be taken by the Authority shall apply mutatis mutandis to the Agency in relation to the parents alleged to have failed in their duty to the child or children concerned.
Other applications to the Court under the 2010 Act
26. (1) The following applications to the Court under the 2010 Act shall be made by originating motion grounded upon an affidavit:
(a) an application by the Authority under section 18(4)(i), under section 18(6)(i) or section 18(7)(a) of the 2010 Act for the approval of the Court to authorise an accredited body to place a child for adoption in the circumstances specified in section 18(4), section 18(6) or, as the case may be, section 18(7) of the 2010 Act;
(b) an application by the Authority under section 26(1)(b) of the 2010 Act for an authorisation to dispense, for the purposes of the making of an adoption order, with the consent of a person who is the child’s mother or guardian or other person having charge of or control over the child;
(c) an application by the Authority under section 30(4) or section 30(6) of the 2010 Act for the approval of the Court to make an adoption order in the circumstances specified in section 30(4) or, as the case may be, section 30(6) of the 2010 Act;
(d) an application under section 90(11) of the 2010 Act to direct that a specified correction be made in the register of inter-country adoptions, or
(e) an application for orders under section 92(1) and section 92(3) of the 2010 Act.
(2) An application by the Authority under section 26(1)(a)of the 2010 Act for the sanction of the Court to dispense, for the purposes of the making of an adoption order, with the consent of a person who is the child’s mother or guardian or other person having charge of or control over the child shall, where the person whose consent is necessary is a ward of court, be made by motion in the wardship proceedings.
(2A)[11] An application by the Authority under section 26(1)(b) of the 2010 Act for the sanction of the Court to dispense, for the purposes of the making of an adoption order, with the consent of a person who is the child’s mother or guardian or other person having charge of or control over the child shall, where the person whose consent is necessary is a relevant person (within the meaning of section 2 of the Assisted Decision-Making (Capacity) Act 2015), be made by motion on notice to the relevant person and/or any person who is required by Order 15, rule 17 to be served with, or notified of, the application
(3) On the hearing of an originating motion referred to in sub-rule (1) or, as the case may be, a motion referred to in sub-rule (2) or sub-rule (2A)[12] (or on any adjournment of such hearing), the Court may, in addition to any other order it may make, give directions and make orders for the conduct of the application as appear just and convenient, which, where appropriate, may include:
(a) directions as to the service of notice of the application on any other person, including mode of service and the time allowed for such service (and the Court may for that purpose adjourn the hearing or further hearing of the application to a date specified) and
(b) directions as to the filing and delivery of any further affidavits by any party or person.
(4) An originating motion referred to in paragraph (a), (b)or (c)of sub-rule (1) shall be entitled
“THE HIGH COURT
FAMILY LAW
In the matter of the Adoption Act 2010 On the application of the Adoption Authority.”
(5) An originating motion referred to in paragraph (d)or (e) of sub-rule (1) shall be entitled
“THE HIGH COURT
FAMILY LAW
In the matter of the Adoption Act 2010
Between:
A.B, Applicant
and
The Adoption Authority, Respondent.”
(6) Where a question is referred under section 49 of the 2010 Act to the Court and there is a request that the proceedings before the Court be in private in accordance with section 49(4) of the 2010 Act, such request shall be expressed on the face of the case stated, and the provisions of Order 62 shall apply to the proceedings thereon.
Applications under the Guardianship of Infants Act 1964
27. (1) In an application to the Court pursuant to section 6A or section 11 of the Guardianship of Infants Act 1964 where an infant is in the care of prospective adoptive parents under the 2010 Act, the following procedure shall be followed:
(i) Upon the service of a summons on the Authority, the Authority shall take the following steps:
(a) It shall cause the prospective adoptive parents (in this rule, the “prospective adopters”) to be informed of the following matters:
(i) the fact of the institution of the proceeding under section 6A or section 11 of the Guardianship of Infants Act 1964 without revealing to such parents the name or identity of the applicant or of the natural mother;
(ii) the fact that the prospective adopters are entitled to be heard and represented on the hearing of the summons.
(b) It shall ascertain from the prospective adopters the following information:
(i) whether they wish to be heard and to be represented at the hearing of the summons;
(ii) whether they have available to them advice and are in a position from their own resources to be represented by solicitor or solicitor and counsel at the hearing of the summons;
(iii) the address at which they may be informed of the proceedings and in particular of the date of any hearing at which they will be heard and represented.
(2) Upon the completion of the steps provided for in sub-rule (1), the Authority shall apply to the Court for directions by motion on notice to the father. The application shall, in the first instance, be made on affidavit and such affidavits shall include an affidavit by the person who has actually spoken to and had communication with the prospective adopters. The prospective adopters shall not be identified in the body of the affidavit but their names and addresses, present and future, shall be set out in a sealed envelope exhibited to the affidavit. The exhibit shall be opened by the Judge only, and unless by special direction of the Court the name, address and identity of the prospective adopters shall not be revealed to any of the other parties in the suit.
(3) On the hearing of the motion for directions, the Court may give such directions as it shall think fit for the trial of the action and in particular may:
(a) provide, if necessary, for the representation of the prospective adopters and of the father and mother of the child;
(b) fix a date for the hearing in camera of the evidence and submissions on behalf of the applicant and the natural mother in the absence of the prospective adopters but in the presence of the solicitor or solicitor and counsel representing the prospective adopters;
(c) fix a separate date for the hearing in camera of the evidence and submissions by and on behalf of the prospective adopters in the absence of the applicant and the natural mother but in the presence of the solicitor or the solicitor and counsel for the applicant and the natural mother.
28. In all cases in which the Registrar of the Court is required to serve or lodge a copy of an order upon any person or persons or body such service or lodgement may be effected by the service of a certified copy of the said order by registered post to the said person or persons or body.
29. [8] The provisions of Order 119, rules 2 and 3 solely insofar as they relate to the wearing of a wig and gown, shall not apply to any cause, action or proceeding under Order 70 or Order 70A.
IV. Admission to proceedings and disclosure of documents, information or evidence for the purposes of section 40 of the Civil Liability and Courts Act 2004
Recorders, bona fide representatives of the press and accompanying persons
30. [9] (1) In this rule:
the “2004 Act” means the Civil Liability and Courts Act 2004;
“the Court” means, as the case may be, the Supreme Court, the Court of Appeal, the High Court and, where he has jurisdiction, the Master of the High Court;
a “recorder” means a person referred to in section 40(3)(a) of the 2004 Act intending to attend or attending any proceedings to which a relevant enactment relates for the purpose of the preparation and publication of a report of such proceedings in accordance with section 40(3) of the 2004 Act;
“relevant enactment” has the same meaning as in section 39 of the 2004 Act.
(2) A recorder intending to attend any proceedings to which a relevant enactment relates for the purpose of the preparation and publication of a report of such proceedings in accordance with section 40(3) of the 2004 Act shall, prior to or at the commencement of the hearing of the proceedings, identify himself or herself to the Court and apply for such directions as the Court may give under section 40(3) of the 2004 Act.
(3) On any such application, the Court—
(a) if satisfied that the applicant is a person referred to in section 40(3)(a) of the 2004 Act and that the applicant intends to attend the proceedings for the purpose of the preparation and publication of a report of proceedings to which a relevant enactment relates, and
(b) having heard any submission made by or on behalf of any party to the proceedings,
may allow the applicant to attend the proceedings subject to such directions as the Court may give in that regard.
(4) Prior to, at the commencement of, or during the course of the hearing of proceedings to which a relevant enactment relates, the Court may
(a) make inquiries of any person attending the proceedings with a view to verifying whether that person is a bona fide representative of the press within the meaning of section 40(3A) of the 2004 Act;
(b) hear any application by or on behalf of a party or person mentioned in section 40(3A)(b) of the 2004 Act (or the Director of Public Prosecutions in a case to which paragraph (e) of that sub-section refers) for an order under section 40(3A)(b) of the 2004 Act or may for the purposes of considering the making of any such order of its own motion, hear submissions from any such party or person.
(5) An application referred to in paragraph (b) of sub-rule (4), if made prior to the commencement of the hearing of the proceedings, shall be by way of notice of motion, on notice to the other party and to any other person the Court shall direct.
(6) The Court may, at any time during the course of the hearing of the proceedings, of its own motion or on the application of a party or person mentioned in section 40(3A)(b) of the 2004 Act (or the Director of Public Prosecutions in a case to which paragraph (e) of that sub-section refers), having heard the parties and any other person it considers necessary, vary or modify any order made in accordance with sub-rule (4)(b).
(7) Where a party (in this sub-rule referred to as the “applicant”) wishes to be accompanied in court in any proceedings to which a relevant enactment relates by another person (in this sub-rule referred to as “the accompanying person”) in accordance with section 40(5) of the 2004 Act, the applicant shall complete Form No. 8 and
(a) where the other party or parties have agreed to the accompanying person, the applicant shall lodge Form No. 8, duly completed, with the Registrar of the Court prior to or at the commencement of the hearing in the proceedings, and shall apply to the Court at that hearing to approve the accompanying of the applicant by the accompanying person and for such directions as the Court may give under section 40(5) of the 2004 Act, or
(b) except in ex parte applications, where the other party or parties have not agreed to the accompanying person, the applicant shall, by motion (to which Form No. 8, duly completed, shall be appended) on notice to the other party or parties returnable not later than seven days prior to the date fixed for the hearing in such proceedings, unless the Court otherwise directs, apply to the Court to approve the accompanying of the party by the other person and for such directions as the Court may give under section 40(5) of the 2004 Act, or
(c) in ex parte applications, subject to the lodgment of Form No. 8 duly completed in accordance with paragraph (a), the approval of any accompanying person is at the discretion of the Court.
(8) On any such application, the Court may approve the accompaniment of the applicant at the proceedings by the accompanying person, subject to such directions as the Court may give, or may refuse such approval.
(9) The Court may, of its own motion or on the application of any party or person, vary or modify any directions given under sub-rule (7) or sub-rule (8) during the course of any proceedings.
31. [10] An application by a party for an order for the disclosure to any third party of documents, information or evidence connected with or arising in the course of proceedings under a relevant enactment (as defined in section 40(2) of the Civil Liability and Courts Act 2004) for the purposes set out in section 40(8) of the said Act of 2004 shall be made by motion to the Court on notice to the opposing party or parties, grounded upon an affidavit sworn by or on behalf of the moving party.
[1] Order 70A inserted by SI 97 of 1990, effective 1 May 1990. No title was given for the Order.
[2] Order 70A substituted by SI 343 of 1997, effective 1 September 1997. No title was given for the Order.
[3] No Appendix number is assigned to the forms associated with Order 70A.
[4] Order 70A rule 1 substituted by SI 469 of 2015, effective 25 November 2015.
[5] Order 70A rule 2 amended by SI 469 of 2015, effective 25 November 2015.
[6] Order 70A rule 5 substituted by SI 13 of 2018, effective 22 January 2018.
[7] This is corrected. Order 70A rule 13(3) states “…notice of cross-exmination in relation to same.”
[8] Superseded amendment: The previous iteration of this rule was amended by SI 327 of 2000, effective 19 November 2000.
[9] Superseded amendment: The previous iteration of this rule, then Order 70A rule 29, was inserted by SI 247 of 2005, effective 2 June 2005.
[10] Superseded amendment: The previous iteration of this rule, then Order 70A rule 30, was inserted by SI 247 of 2005, effective 2 June 2005
[11] Order 70A rule 26 sub rule(2) inserted by SI 261 of 2023 effective 15 May 2023.
[12] Order 70A rule 26 sub rule(3) amended by SI 261 of 2023 effective 15 May 2023.
Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010
1. In this Order:
the “Act” means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;
the “Act of 2004” means the Civil Registration Act 2004;
“civil partnership law proceedings” has the same meaning as in section 139 of the Act;
“cohabitation proceedings” means proceedings under Part 15 of the Act;
“dependent child” and “dependent child of the civil partners” each has the same meaning as in section 2 of the Act, and[2]
reference to registration of a civil partnership includes, in the case of a civil partnership recognised by virtue of section 5 of the Act, registration of a legal relationship as referred to in that section.
II. Civil partnership law proceedings
Commencement of civil partnership law proceedings
2. (1) Civil partnership law proceedings for any one or more of the following reliefs shall be commenced by special summons, which shall be a civil partnership summons:
(a) an order under section 4(1) of the Act including where such relief is sought by virtue of an order made under section 5 of the Act;
(b) an order on an application by a civil partner to have a conveyance declared void, under section 28 of the Act, or for relief under section 34 of the Act;
(c) an order under section 29(1) of the Act dispensing with the consent of a civil partner required under section 28 of the Act or an order under section 29(4) of the Act to give the consent required under section 28 of the Act on behalf of a civil partner;
(d) relief under section 30(1) of the Act or section 30(2) of the Act;
(e) a maintenance order under section 45 of the Act;
(f) an order on an application by a civil partner or a child of a deceased person who was a civil partner before death under section 106 of the Act determining a question arising between civil partners as to the title to or possession of property;
(g) a decree of nullity of civil partnership under section 107 of the Act;
(h) a decree of dissolution in respect of a civil partnership under section 110 of the Act;
(i) an order for provision out of the estate of a deceased civil partner under section 127 of the Act;
(j) an order directing the sale of property under section 128 of the Act;
(k) subject to rule 15, an order setting aside a disposition under section 137 of the Act;
(l) relief between civil partners under the Partition Act 1868 and the Partition Act 1876, where the fact that they are civil partners of each other is of relevance to the proceedings.
(2) The following civil partnership law proceedings shall be commenced by originating notice of motion:
(a) an application to the Court pursuant to section 48 of the Act, which shall be grounded on the affidavits of both civil partners, to one of which is exhibited the agreement concerned, and in which each civil partner verifies that he or she has taken, or has the opportunity to take, independent legal advice in relation to the agreement, provided that where relief under section 48 of the Act is sought in addition to other relief under the Act, such relief may be sought in any special summons, without the necessity to bring an originating motion separately;
(b) an application to the Court pursuant to section 127(7) of the Act by the personal representative of a deceased civil partner for leave to distribute the estate.
(3) All civil partnership law proceedings shall be entitled:
“THE HIGH COURT
CIVIL PARTNERSHIP
In the matter of section [ • ]of the Civil Partnership and Certain Rights and
Obligations of Cohabitants Act 2010 (or as the case may be)
Between/
A.B., Applicant
and
C.D., Respondent”
(4) 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 under which the relief is sought and the grounds upon which it is sought.
3. (1) Civil partnership law proceedings for relief under the Domestic Violence Acts 1996 to 2002 (as amended by Part 9 of the Act) which have been instituted and maintained in the High Court pursuant to Article 34.3.1 of the Constitution shall be brought, heard and determined in accordance with Order 70A, with such modifications as are necessary.
(2) An application to the Court pursuant to section 59B(2) of the Act of 2004 (as inserted by section 16 of the Act) shall be commenced by originating notice of motion, which shall be grounded on the affidavit of one or both intending civil partners setting out and proving the reasons for the exemption sought from the requirement of section 59B(1)(a) and why the exemption is in the interests of the intending civil partners.
Verification of claim
4. (1) In any proceedings pursuant to rule 2(1), an affidavit verifying the proceedings or in reply thereto (in this rule, the “affidavit”) shall contain one or more the particulars set out in this rule, where applicable.
(2) In the case of an application for a decree of dissolution of a civil partnership, the affidavit shall include:
(a) the date and place of the registration of the civil partnership of the parties;
(b) the length of time the parties have lived apart and the address of each of the parties during that time, where known;
(c) the age of the civil partners, the duration of their civil partnership and the length of time during which the civil partners lived with each other after registration of their civil partnership;
(d) any physical or mental disability of either of the civil partners;
(e) full particulars of every dependent child of the civil partners, stating whether and if so what provision has been made for each and any such dependent child; [3]
(f) whether any possibility of a reconciliation between the applicant and respondent exists and if so on what basis the same might take place;
(g) details of any previous civil partnership law relief sought and/or obtained and details of any previous separation agreement entered into between the parties (and where appropriate, a certified copy of any relevant Court order and/or agreement should be exhibited to the affidavit);
(h) details of any previous matrimonial or family law relief obtained by either of the parties (and where appropriate a certified copy of any relevant Court order and/or agreement should be exhibited to the affidavit);
(i) 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;
(j) details of the shared home(s) and/or other residences of the parties including, if relevant, details of any former shared homes/residences which should include details of the manner of occupation and ownership thereof;
(k) where reference is made in the civil partnership summons to any immovable property, whether it is registered or unregistered land and a description of the lands/premises so referred to;
(l) any other matter which is relevant for the purposes of section 129(2) of the Act.
(3) In the case of an application for a decree of nullity under section 107 of the Act, the affidavit shall include such of the particulars mentioned in sub-rule (2) as are appropriate and:
(a) particulars of the grounds set out in section 107 of the Act on which such a decree might be granted and of each of the facts alleged to support such grounds;
(b) where the application involves an allegation that either or both of the parties was unable to give informed consent, the attestation to that effect mentioned in section 107(c)(iv) of the Act shall in the first instance be given by the consultant psychiatrist by affidavit, and where any such attestation is disputed by the opposing party then, without prejudice to the right of that party to cross-examine and/or to adduce expert evidence, application may be made to the Master for the appointment of a psychiatric inspector in respect of the party concerned;
(c) in any other appropriate case, the Master may appoint a medical and/or psychiatric inspector in respect of either party.
(4) In the case of an application for relief under section 4 of the Act, the affidavit shall include such of the particulars mentioned in sub-rule (2) as are appropriate and:
(a) the nature of the applicant’s reason for seeking the relief sought under section 4 of the Act;
(b) full details of the registration of the civil partnership and/or dissolution of the civil partnership in respect of which the declaration is sought including the date and place of the registration and/or the dissolution of the civil partnership (and, where appropriate, a certified copy of the civil partnership registration form and/ or decree of dissolution should be exhibited to the affidavit);
(c) where a declaration is sought under section 4 by virtue of an order made under section 5 of the Act, a certified copy of the instrument of registration or of dissolution, with, where appropriate, an authenticated translation thereof, should be exhibited to the affidavit;
(d) particulars of any previous or pending proceeding in relation to any civil partnership concerned or relating to the civil partnership or matrimonial status of a party to the civil partnership concerned;
(e) the rights of any person other than the civil partners concerned which may be affected by the relief sought, including a person with whom either civil partner is registered in a new civil partnership or to whom either civil partner is married, or any dependent child of the civil partners. [4]
(5) In the case of an application for relief under section 106 of the Act, the affidavit shall include such of the particulars mentioned in sub-rule (2) as are appropriate and:
(a) the description, nature and extent of the money or other property to which the application relates;
(b) the state of knowledge of the applicant civil partner or deceased parent in relation to the possession or control of the money or other property to which the application relates at all relevant times;
(c) the nature and extent of the interest being claimed by the applicant in the money or other property to which the application relates and the basis upon which such claim is made; (d) the nature and extent of any claim for relief being made and the basis upon which any such claim is made;
(e) particulars of any relevant payment or disposition made by the respondent civil partner or deceased parent civil partner;
(f) the rights of any person other than the civil partners concerned which may be affected by the relief sought, including a person with whom either civil partner is registered in a new civil partnership or to whom either civil partner is married, or any dependent child of the civil partners. [5]
(6) In the case of an application for provision out of the estate of a deceased civil partner under section 127 of the Act, the affidavit shall include such of the particulars mentioned in sub-rule (2) as are appropriate and:
(a) the date and place of the registration of the civil partnership and of any dissolution of the civil partnership (and, where appropriate, a certified copy of the civil partnership registration form and/or decree of dissolution should be exhibited to the affidavit);
(b) details of any previous civil partnership law reliefs obtained by the applicant and in particular any lump sum maintenance orders, financial compensation orders and property adjustment orders;
(c) details of any benefit received from or on behalf of the deceased civil partner 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 civil partner or otherwise;
(d) the date of death of the deceased civil partner, the date upon which representation was first granted in respect of the estate of the said civil partner and, if applicable, the date upon which notice of death of the deceased civil partner was given to the applicant under section 127(7) of the Act and the date upon which the applicant notified the personal representative of an intention to apply for relief pursuant to section 127(8) of the Act;
(e) the civil partnership or marital status of the deceased civil partner at the date of death and the civil partnership or marital status of the applicant at the date of the application and whether the applicant has entered another civil partnership or a marriage since the dissolution of the civil partnership between the applicant and the deceased civil partner;
(f) details of the dependants of the deceased civil partner at the date of death, of the dependants of the applicant at the date of the application, and of any other interested persons;
(g) An averment as to whether any order has previously been made under section 127(11) of the Act;
(h) details of the value of the estate of the deceased civil partner where known.
(7) In the case of an application for relief between civil partners under the Partition Act 1868 and the Partition Act 1876, where the fact that they are civil partners of each other is of relevance to the proceedings, the affidavit shall include such of the particulars mentioned in sub-rule (2) as are appropriate and:
(a) the description, nature and extent of the money or other property to which the application relates;
(b) the nature and extent of any claim for relief being made and the basis upon which any such claim is made;
(c) the rights of any person other than the civil partners concerned which may be affected by the relief sought, including a person with whom either civil partner is registered in a new civil partnership or to whom either civil partner is married, or any dependent child of the civil partners. [6]
Affidavit of Means
5. (1) Without prejudice to:
(a) the right of any party to seek particulars of any matter from the other party to any proceeding, or
(b) the right of any party to apply to the Court for an order of discovery, or
(c) the jurisdiction of the Court under section 142 of the Act, in any case where financial relief under the Act is sought each party shall file and serve an Affidavit of Means in the proceeding.
(2) The Affidavit of Means shall be in Form No 1 in Appendix II.
(3) An Affidavit of Means of the applicant shall be served with the verifying affidavit grounding the proceeding and the Affidavit of Means of any respondent or any other party shall be served with the replying affidavit in the proceeding unless otherwise ordered by the Master or the Court. Subsequent to the service of an Affidavit of Means either party may request the other party to vouch all or any of the items referred to therein within 21 days of the said request.
(4) In the event of a party failing properly to comply with the provisions in relation to the filing and serving of an Affidavit of Means or failing properly to vouch the matters set out therein, the Court may, on application by notice of motion, grant an order for discovery and/or make any such order as the Court deems appropriate and necessary, including an order that such party shall not be entitled to pursue or defend as appropriate such claim for any ancillary relief under the Act save as permitted by the Court and upon such terms as the Court may determine are appropriate or the Court may adjourn the proceeding for a specified period of time to enable compliance with any such previous request or order of the Court.
5A. [7] (1) In any case where there is a dependent child of the civil partners, each party shall file and serve an Affidavit of Welfare, in Form No. 5 in Appendix II, in the proceeding.
(2) The Affidavit of Welfare of the applicant shall be served with the verifying affidavit grounding the proceeding and the Affidavit of Welfare of any respondent or any other party shall be served with the replying affidavit in the proceeding unless otherwise ordered by the Master or the Court.
Interim, interlocutory, ancillary or consequential relief
6. (1) An application to the Court for any interim or interlocutory relief, including for any of the following reliefs, shall be by notice of motion to the Court:
(a) an order under section 30 or section 34 of the Act;
(b) an order under section 46 of the Act discharging or varying a maintenance order;
(c) an interim maintenance order under section 47 of the Act;
(d) an order under section 50(3) of the Act to discharge a direction for the transmission of maintenance payments;
(e) an order under section 52 of the Act to secure a maintenance order;
(f) an order under section 53(2) of the Act for an attachment of earnings order;
(g) a determination under section 58 of the Act;
(h) an order under section 60 of the Act discharging or varying an attachment of earnings order;
(i) a safety order, a barring order, an interim barring order or a protection order under the Domestic Violence Acts 1996 and 2002, as amended by Part 9 of the Act, or an order under section 30 or section 34 of the Act pending application for a decree of dissolution;
(j) an order under section 116 of the Act requiring a civil partner to make periodical payments or lump sum payments for support pending application for a decree of dissolution.
(2) An application to the Court for any subsequent ancillary or consequential relief after a decree of dissolution has been made, including for any of the following reliefs, shall be by notice of motion to the Court:
(a) an order under section 117 of the Act requiring a civil partner to make and/or secure periodical payments or lump sum payments for support and/or an attachment of earnings order in respect of any such payments following the making of a decree of dissolution;
(b) a property adjustment order under section 118 of the Act following the making of a decree of dissolution;
(c) an ancillary order under section 119 of the Act following the making of a decree of dissolution;
(d) a financial compensation order under section 120 of the Act following the making of a decree of dissolution;
(e) a pension adjustment order under section 121 of the Act following the making of a decree of dissolution;
(f) an order under section 127(11) of the Act;
(g) subject to rule 14, an order under section 131(2) of the Act discharging or varying an order mentioned in section 131(1) of the Act.
(3) An application for the appointment of a medical and/or psychiatric inspector in respect of a party shall be by motion on notice and on the hearing of the motion, the Master may, on such terms as he considers appropriate, appoint a suitably qualified person to examine a party and to report to the Court on such matters as are directed.
(4) A copy of the notice of motion under sub-rule (1), (2) or (3) shall be served upon the other party or parties to the proceeding 14 clear days before the return date and shall, where appropriate, be grounded upon the affidavit of the moving party.
(5) An application to which sub-rule (1) applies may be made ex parte to the Court in any case in which interim relief of an urgent and immediate nature is required by the applicant and the Court may in any case, where it is satisfied that it is appropriate, grant such relief or make such order as appears proper in the circumstances.
(6) A statement as to earnings for the purposes of paragraph (a) or paragraph (b) of section 56(1) of the Act shall be in Form No 2 or 3 as appropriate in Appendix II. Such a statement by a maintenance debtor shall be verified on affidavit or on oath at the hearing of the application. Such a statement by an employer need not be verified on affidavit unless so required by the maintenance creditor.
(7) Any application to which this rule applies shall be heard on affidavit unless the Court otherwise directs. Where any oral evidence is heard by the Court in the course of any application ex parte, a note of such evidence shall be prepared by the applicant or the applicant’s solicitor and approved by the Court and shall be served upon the respondent forthwith together with a copy of the order made, if any, unless otherwise directed by the Court.
(8) An application by an interested civil partner for an adjournment of proceedings against another civil partner under section 32 of the Act or for relief under section 33 of the Act shall be by motion in the proceedings against the other civil partner on notice to each of the parties to those proceedings seeking to be joined to those proceedings (if the applicant has not been served with a third party notice in those proceedings) and specifying any order sought under section 32 or section 33 of the Act.
Notice to Trustees
7. (1) An applicant who seeks an order under the Act affecting a pension in any way shall give notice to the trustees of the pension scheme concerned in the Form No 4 in Appendix II informing them of the application.
(2) A calculation provided by such trustees in accordance with section 126(2) of the Act shall be certified by a person duly authorised in that behalf by the trustees, but need not be verified on affidavit unless so required by one of the parties.
(3) The trustees may, if they consider it necessary, file an Affidavit of Representations.
Motion for Directions
8. (1) An applicant or respondent may, at any stage, bring a motion for directions to the Court:
(a) where there are any dependent children of either civil partner who are sui juris and whose welfare or position is or is likely to be affected by the determination of the proceeding or of any issue in the proceedings;
(b) where an order is sought concerning the sale of any property in respect of which any other party has or may have an interest;
(c) where an order of any type is sought which will affect the rules of a pension scheme or require non-compliance therewith; or
(d) where an application is brought seeking provision out of the estate of a deceased civil partner,
or where the Court in any other case directs.
(2) The notice of motion for directions shall be grounded upon the affidavit of the moving party which shall, in particular, identify the party or person whose interests are or are likely to be affected by the determination of the proceeding or any issue in the proceeding and who ought to be put on notice of the said proceeding and given an opportunity of being heard.
(3) The Court may, upon such motion or of its own motion, make such order or give such direction pursuant to section 141 of the Act as appears appropriate and may, where any order affecting the rules of a pension scheme is sought, direct that further notice be given to the trustees of such pension scheme in accordance with the Form No 4 in Appendix II or in such variation thereof as the Court may direct, as appropriate.
(4) Save where the Court shall otherwise direct, a notice party who wishes to make representations to the Court shall make such representations by affidavit which shall be filed and served on all parties to the proceeding within 28 days of service upon them of the notice of application for relief or within such further time as the Court may direct.
9. The Court may, at any stage, direct that the parties to any proceeding exchange pleadings in relation to all or any of the issues arising in the proceeding between the parties or between the parties or any of them and any third party on such terms as appears appropriate and may give such directions in relation to the matter as appear necessary.
Hearing
10. (1) Save where the Court otherwise directs, the hearing of any interim or interlocutory application brought under the Act shall be on the affidavits of the parties subject to the right of the parties to seek to cross examine the opposing party on their affidavit. Any party may serve a notice to cross examine in relation to the deponent of any affidavit served on him.
(2) Save where the court otherwise directs the hearing of any application under the Act shall be on the oral evidence of the parties.
(3) Where relief is sought by the applicant or the respondent pursuant to section 121 of the Act (or under section 48 of the Act where the agreement involves a pension adjustment), any evidence of the actuarial value of the benefit under the scheme considered necessary in addition to the calculation supplied under section 126(2) of the Act shall be by affidavit filed on behalf of the applicant or respondent as the case may be. Such affidavit on behalf of a moving party shall be sworn and served on all parties to the proceeding and filed at least 28 days in advance of the hearing and subject to the right to serve notice of cross examination in relation to the affidavit. When one of the parties has adduced evidence of the actuarial value of the benefit by such affidavit which the other party intends to dispute, he shall do so by affidavit which shall be filed at least 14 days in advance of the hearing, subject to the right to serve notice of cross examination in relation to same.
11. Where any relief is sought which has not been specifically claimed, the Court may adjourn the proceedings to allow such amendments to the civil partnership summons as may be necessary and upon such terms and conditions as it seems fit.
12. An application to remit or transfer civil partnership law proceedings pending before the Court to the Circuit Court or the District Court under section 25 of The Courts of Justice Act 1924 and section 11 of the Courts of Justice Act 1936 may be made by motion on notice at any time after an appearance has been entered.
13. In any civil partnership law proceeding which has been transferred to the High Court pursuant to section 140(5) or section 140(7) of the Act, the applicant and the respondent shall each within fourteen days from the making of the order or such further time as the Master may allow, file in the Central Office an affidavit or supplemental affidavits as shall appear necessary to conform to the requirements of this Order as if the proceeding had commenced in the High Court, together with certified copy of the order transferring the same and the proceeding shall thereupon be listed for hearing.
14. An application under section 131 of the Act shall be made to the Court by motion in the proceeding on notice to the party concerned and shall be supported by an affidavit verifying the same and shall set out fully how, when and in what respect circumstances have changed or what new evidence exists as a result of which the Court should vary or discharge or otherwise modify in any respect an order to which the section applies.
15. Where civil partnership law proceedings seeking other relief are in being between the parties, an application under section 137 of the Act may, at any time, be made to the Court by motion on notice in the proceeding to the party concerned and shall be supported by an affidavit verifying the facts alleged in relation to the disposition complained of and shall specify the relief claimed and the way in which the disposition is said to be intended to defeat the relief claimed or to affect it in any way and the Court may make such order upon such motion as appears proper in the circumstances and may, if necessary, adjourn the motion in order to give notice of the application to any party affected by the disposition complained of or the disposal of the property concerned.
Commencement of cohabitation proceedings
16. (1) Proceedings under Part 15 of the Act, including any proceedings transferred to the High Court under section 196(6) of the Act, shall be known as “cohabitation proceedings” and this rule and rules 17 to 19 inclusive shall apply to all such proceedings.
(2) Cohabitation proceedings for any one or more orders under sections 174, 175, 187 and 194 of the Act shall be commenced by special summons, which shall be a cohabitation summons.
(3) All cohabitation proceedings shall be entitled:
“THE HIGH COURT
COHABITATION
In the matter of section of the Civil Partnership and Certain Rights and
Obligations of Cohabitants Act 2010 (or as the case may be)
Between/
A.B., Applicant
and
C.D., Respondent”
(4) 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 under which the relief is sought and the grounds upon which it is sought.
(5) The provisions of rule 5 and rules 7-14 inclusive shall apply mutatis mutandis in cohabitation proceedings and in particular shall apply in such proceedings as if reference in any of those rules to a “civil partner” were reference to a “cohabitant” and as if the reference in any of those rules to a provision of the Act mentioned in column (1) of the table to this sub-rule were a reference to the provision of the Act in column (2) of that table immediately opposite.
| Column (1) | Column (2) |
| Provision of the Act in civil partnership law proceedings | Corresponding provision of the Act in cohabitation proceedings |
| section 56(1) | section 179(1) |
| section 121 | section 187 |
| section 126(2) | section 192 |
| section 131 | section 173(6) |
| section 140(5) | section 196(6) |
| section 142 | section 197 |
Verification of claim
17. (1) In any proceedings pursuant to rule 16(2), an affidavit verifying the proceedings or in reply thereto (in this rule, the “affidavit”) shall contain one or more of the particulars set out in this rule, where applicable.
(2) In any such proceedings, the affidavit shall include:
(a) particulars of the duration of the relationship between the parties and of the duration of their cohabitation;
(b) particulars of the basis on which the parties live or lived together;
(c) the degree of financial dependence of either party on the other and any agreements in respect of their finances;
(d) particulars of the degree and nature of any financial arrangements between the parties including any joint purchase of an estate or interest in land or joint acquisition of personal property;
(e) whether there are one or more dependent children of either or both parties;
(f) whether one of the parties cares for and supports any child of the other;
(g) the degree to which the parties present themselves to others as a couple;
(h) any physical or mental disability of either of the parties;
(i) full particulars of any children of the applicant or respondent and of any child of a previous relationship of either party and stating whether and if so what provision has been made for each and any such child;
(j) details of any previous matrimonial, family law or civil partnership law relief obtained by either of the parties (and where appropriate a certified copy of any relevant Court order and/or agreement should be exhibited to with the affidavit);
(k) 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;
(l) details of the place(s) where the parties have lived together during their relationship;
(m) where reference is made in the cohabitation summons to any immovable property, whether it is registered or unregistered land and a description of the lands/premises so referred to;
(n) any other matter which is relevant for the purposes of section 173(3) of the Act.
(3) In the case of an application for provision out of the estate of a deceased cohabitant under section 194 of the Act, the affidavit shall include such of the particulars mentioned in sub-rule (2) as are appropriate and:
(a) details of any previous cohabitation reliefs obtained by the applicant;
(b) details of any benefit received from or on behalf of the deceased cohabitant 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 cohabitant or otherwise;
(c) the date of death of the deceased cohabitant, the date upon which representation was first granted in respect of the estate of the said cohabitant and the date upon which the applicant notified the personal representative of an intention to apply for relief pursuant to section 194(6) of the Act;
(d) the civil partnership or marital status of the deceased cohabitant at the date of death and the civil partnership or marital status of the applicant at the date of the application;
(e) details of the dependants of the deceased cohabitant at the date of death, of the dependants of the applicant at the date of the application, and of any other interested persons;
(f) an averment as to whether any order has previously been made under section 173(7) of the Act;
(g) details of the value of the estate of the deceased cohabitant where known.
Interim, interlocutory, ancillary or consequential relief
18. (1) An application to the Court in cohabitation proceedings for any interim or interlocutory relief, including for any of the following reliefs, shall be by notice of motion to the Court:
(a) subject to rule 21, an order under section 173(6) of the Act discharging or varying an order under section 175 or section 187 of the Act, or suspending or reviving any provision of such an order;
(b) an order under section 175(2) of the Act;
(c) an order under section 175(3) of the Act to secure a maintenance order;
(d) an order under section 176 of the Act for an attachment of earnings order;
(e) an order under section 183 of the Act discharging or varying an attachment of earnings order.
(2) A copy of the notice of motion under sub-rule (1) shall be served upon the other party or parties to the proceeding 14 clear days before the return date and shall, where appropriate, be grounded upon the affidavit of the moving party.
(3) An application to which sub-rule (1) applies may be made ex parte to the Court in any case in which interim relief of an urgent and immediate nature is required by the applicant and the Court may in any case, where it is satisfied that it is appropriate, grant such relief or make such order as appears proper in the circumstances.
(4) A statement as to earnings for the purposes of paragraph (a) or (b) of section 179(1) or section 179(1) of the Act shall be in Form No 2 or 3 as appropriate in Appendix II. Such a statement by a maintenance debtor shall be verified on affidavit or on oath at the hearing of the application. Such a statement by an employer need not be verified on affidavit unless so required by the maintenance creditor.
(5) Any application to which this rule applies shall be heard on affidavit unless the Court otherwise directs. Where any oral evidence is heard by the Court in the course of any application ex parte, a note of such evidence shall be prepared by the applicant or the applicant’s solicitor and approved by the Court and shall be served upon the respondent forthwith together with a copy of the order made, if any, unless otherwise directed by the Court.
19. An application under section 173(6) of the Act shall be made to the Court by motion in the proceeding on notice to the party concerned and shall be supported by an affidavit verifying the same and shall set out fully how, when and in what respect circumstances have changed or what new evidence exists as a result of which the Court should vary or discharge or otherwise modify in any respect an order to which section 173(6) of the Act applies.
20. The provisions of Order 49, rules 1, 2, 3 and 6 shall apply to any proceeding commenced under rule 2 or rule 16.
21. Any respondent in civil partnership law proceedings or cohabitation proceedings may counterclaim by way of a replying affidavit and such affidavit shall clearly set out the relief claimed and the grounds upon which it is claimed in like manner as if he were an applicant and subject to the provisions of this Order.
22. In all cases in which the Registrar of the Court is required to serve or lodge a copy of an order upon or with any person or persons or body such service or lodgement may be effected by the service of a certified copy of the said order by registered post upon the said person or persons or body.
23. The provision of Order 119 rules 2 and 3 shall not apply to any cause, action or proceeding under this Order.
[1] Order 70B inserted by SI 348 of 2011, effective 31 July 2011.
[2] The definitions of “dependent child” and “dependent child of the civil partners” were inserted by SI 16 of 2016, effective 18 January 2016.
[3] Order 70B rule 4(2)(e) substituted by SI 16 of 2016, effective 18 January 2016.
[4] Order 70B rule 4(4)(e) substituted by SI 16 of 2016, effective 18 January 2016.
[5] Order 70B rule 4(5)(f) substituted by SI 16 of 2016, effective 18 January 2016.
[6] Order 70B rule 4(7)(c) substituted by SI 16 of 2016, effective 18 January 2016.
[7] Order 70B rule 5A inserted by SI 16 of 2016, effective 18 January 2016.