{"id":11467,"date":"2022-04-24T18:43:59","date_gmt":"2022-04-24T18:43:59","guid":{"rendered":"http:\/\/legalblog.ie\/?p=11467"},"modified":"2024-03-13T20:27:07","modified_gmt":"2024-03-13T20:27:07","slug":"divorce-procedure","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/divorce-procedure\/","title":{"rendered":"Divorce Procedure"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/divorce-procedure\/#Court_Jurisdiction\" title=\"Court Jurisdiction\">Court Jurisdiction<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/divorce-procedure\/#CC_Jurisdiction\" title=\"CC Jurisdiction\">CC Jurisdiction<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/divorce-procedure\/#Family_Law_Civil_Bill\" title=\"Family Law Civil Bill\">Family Law Civil Bill<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/divorce-procedure\/#ReconciliationMediation\" title=\"Reconciliation\/Mediation\">Reconciliation\/Mediation<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/divorce-procedure\/#Disclosure_Affidavits\" title=\"Disclosure Affidavits\">Disclosure Affidavits<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/divorce-procedure\/#Commencement\" title=\"Commencement\">Commencement<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/divorce-procedure\/#Pre-Trial_Orders\" title=\"Pre-Trial Orders\">Pre-Trial Orders<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/divorce-procedure\/#Default\" title=\"Default\">Default<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/divorce-procedure\/#Third_Parties\" title=\"Third Parties\">Third Parties<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/divorce-procedure\/#Pre-Trial_Requirement\" title=\"Pre-Trial Requirement\">Pre-Trial Requirement<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/divorce-procedure\/#Hearing\" title=\"Hearing\">Hearing<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/divorce-procedure\/#Documents\" title=\"Documents\">Documents<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/divorce-procedure\/#Uncontested_Cases\" title=\"Uncontested Cases\">Uncontested Cases<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/divorce-procedure\/#Orders\" title=\"Orders\">Orders<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/divorce-procedure\/#High_Court\" title=\"High Court\">High Court<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/divorce-procedure\/2\/#FAMILY_LAW_ACT_1995\" title=\"FAMILY LAW ACT 1995\">FAMILY LAW ACT 1995<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/divorce-procedure\/2\/#Jurisdiction_of_courts_and_venue\" title=\"Jurisdiction of courts and venue.\">Jurisdiction of courts and venue.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/divorce-procedure\/2\/#Proceedings_heard_otherwise_than_in_public\" title=\"Proceedings heard otherwise than in public.\">Proceedings heard otherwise than in public.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/divorce-procedure\/2\/#Exercise_of_jurisdiction_by_court_in_relation_to_nullity\" title=\"Exercise of jurisdiction by court in relation to nullity.\">Exercise of jurisdiction by court in relation to nullity.<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/divorce-procedure\/2\/#FAMILY_LAW_DIVORCE_ACT_1996\" title=\"FAMILY LAW (DIVORCE) ACT 1996\">FAMILY LAW (DIVORCE) ACT 1996<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/legalblog.ie\/divorce-procedure\/2\/#Jurisdiction_of_courts_and_venue-2\" title=\"Jurisdiction of courts and venue.\">Jurisdiction of courts and venue.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-22\" href=\"https:\/\/legalblog.ie\/divorce-procedure\/2\/#Exercise_of_jurisdiction_by_court_in_relation_to_divorce\" title=\"Exercise of jurisdiction by court in relation to divorce.\">Exercise of jurisdiction by court in relation to divorce.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-23\" href=\"https:\/\/legalblog.ie\/divorce-procedure\/2\/#Notice_of_proceedings_under_Act\" title=\"Notice of proceedings under Act.\">Notice of proceedings under Act.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-24\" href=\"https:\/\/legalblog.ie\/divorce-procedure\/2\/#Cost_of_mediation_and_counselling_services\" title=\"Cost of mediation and counselling services.\">Cost of mediation and counselling services.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-25\" href=\"https:\/\/legalblog.ie\/divorce-procedure\/2\/#Social_reports_in_family_law_proceedings\" title=\"Social reports in family law proceedings.\">Social reports in family law proceedings.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-26\" href=\"https:\/\/legalblog.ie\/divorce-procedure\/2\/#Determination_of_questions_between_persons_formerly_engaged_to_each_other_in_relation_to_property\" title=\"Determination of questions between persons formerly engaged to each other in relation to property.\">Determination of questions between persons formerly engaged to each other in relation to property.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-27\" href=\"https:\/\/legalblog.ie\/divorce-procedure\/2\/#Amendment_of_Act_of_1965\" title=\"Amendment of Act of 1965.\">Amendment of Act of 1965.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-28\" href=\"https:\/\/legalblog.ie\/divorce-procedure\/2\/#Amendment_of_Pensions_Act_1990\" title=\"Amendment of Pensions Act, 1990.\">Amendment of Pensions Act, 1990.<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-29\" href=\"https:\/\/legalblog.ie\/divorce-procedure\/2\/#CIVIL_PARTNERSHIP_AND_CERTAIN_RIGHTS_AND_OBLIGATIONS_OF_COHABITANTS_ACT_2010\" title=\"CIVIL PARTNERSHIP AND CERTAIN RIGHTS AND OBLIGATIONS OF COHABITANTS ACT 2010\">CIVIL PARTNERSHIP AND CERTAIN RIGHTS AND OBLIGATIONS OF COHABITANTS ACT 2010<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-30\" href=\"https:\/\/legalblog.ie\/divorce-procedure\/2\/#Jurisdiction_and_Other_Related_Matters\" title=\"Jurisdiction and Other Related Matters\">Jurisdiction and Other Related Matters<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-31\" href=\"https:\/\/legalblog.ie\/divorce-procedure\/2\/#Jurisdiction_and_venue\" title=\"Jurisdiction and venue.\">Jurisdiction and venue.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-32\" href=\"https:\/\/legalblog.ie\/divorce-procedure\/2\/#Notice_of_civil_partnership_law_proceedings\" title=\"Notice of civil partnership law proceedings.\">Notice of civil partnership law proceedings.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-33\" href=\"https:\/\/legalblog.ie\/divorce-procedure\/2\/#Particulars_of_property\" title=\"Particulars of property.\">Particulars of property.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-34\" href=\"https:\/\/legalblog.ie\/divorce-procedure\/2\/#Hearing_of_proceedings\" title=\"Hearing of proceedings.\">Hearing of proceedings.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-35\" href=\"https:\/\/legalblog.ie\/divorce-procedure\/2\/#Privacy\" title=\"Privacy.\">Privacy.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-36\" href=\"https:\/\/legalblog.ie\/divorce-procedure\/2\/#Rules_of_court\" title=\"Rules of court.\">Rules of court.<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Court_Jurisdiction\"><\/span>Court Jurisdiction<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Divorce and judicial separation matters may be heard by the Circuit Court or the High Court.\u00a0 Both Circuit and High Courts have complete jurisdiction.<\/p>\n<p>The vast majority of matrimonial, family divorce and judicial separation cases are heard in the Circuit Court. An application may be made to transfer a case to the High Court if the asset valuation exceeds \u20ac3 million, but it is not commenced, then either party may require that it be heard in the High Court.<\/p>\n<p>Very high-value cases may be heard in the High Court. In some cases, it may be necessary to institute proceedings in the High Court if certain other reliefs and orders, separate from those under matrimonial legislation, are required. Where a case is commenced in the High Court, either party may apply to have the case moved down to the Circuit Court.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"CC_Jurisdiction\"><\/span>CC Jurisdiction<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Circuit Court Rules provide that divorce proceedings are to be taken where the party ordinarily resides and carries on a business, occupation or profession. Either of the spouses must be domiciled in the state.<\/p>\n<p>Alternatively, a court may assume jurisdiction on the basis of one year\u2019s residence in the State, ending on the commencement of proceedings. The Brussels II Regulation on Jurisdiction in Civil Matters confers jurisdiction on the basis of habitual residence and a number of other bases.<\/p>\n<p>Where divorce proceedings are commenced, the court may alternatively make an order for judicial separation or nullity.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Family_Law_Civil_Bill\"><\/span>Family Law Civil Bill<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Proceedings in the Circuit Court are commenced by the issue of a Family Law Civil Bill; A prior one-sided application is required in relation to seeking relief on the basis of a foreign divorce or separation.<\/p>\n<p>The Family Civil Bill must set out particulars, date and place of marriage, the time parties have lived apart, details of previous relief sought, particulars of dependent children including age, date of birth, details of family home and residence, including former family homes, occupation and ownership thereof, particulars of movable property, the basis of jurisdiction, the relief sought, provisions of Divorce Act relied on.<\/p>\n<p>The Civil Bill must be signed and dated by the applicant, a solicitor or Law Centre on his behalf. The County Registrar issues the Civil Bill.<\/p>\n<p>The Civil Bill is lodged together with certificates and affidavits of means in cases involving financial relief and affidavits of welfare in relation to dependent children, where applicable. A certificate must be furnished.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"ReconciliationMediation\"><\/span>Reconciliation\/Mediation<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The solicitors for the parties must discuss the possibility of reconciliation and supply the particulars of a properly qualified person. They must discuss the possibility of mediation with a view to entering a separation agreement or divorce on an agreed basis.<\/p>\n<p>He or she must furnish appropriate names and addresses. He must discuss the possibility of separation by deed of separation and ensure that the applicant is aware of the possibility of judicial separation instead of divorce.<\/p>\n<p>The solicitor must certify that he has so advised the parties, and this certificate must be filed with the Family Law Civil Bill when issued.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Disclosure_Affidavits\"><\/span>Disclosure Affidavits<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The affidavit of means is in a prescribed form. It is to set out the assets and liabilities of the parties, the income and outgoings, debts and liabilities. It is also to set out particulars of pension benefits.<\/p>\n<p>The affidavit should set out a full disclosure of the relevant assets, liabilities, income and expenditures. It may be the basis for later discovery. The affidavit of means is intended to provide the court with an overview of the financial positions of the party. It is intended to be completed comprehensively. The figures must be justified by the spouse concerned.<\/p>\n<p>The affidavit of welfare is to set out particulars of the children, their age, position in the family, childcare arrangements, maintenance, educational access, and accommodation. The purpose is to give a court, an overview of the dependent family members.<\/p>\n<p>The other spouse may file an alternative affidavit of welfare where he or she does not agree with the contents of the affidavit filed.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Commencement\"><\/span>Commencement<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Family Law Civil Bill should be served in the general manner prescribed in respect of Circuit Court Proceedings.<\/p>\n<p>It may be served under EU Brussels II Regulations. Leave is no longer required to serve within the EU. There must be a basis of jurisdiction under the Brussels Regulation. An endorsement is required setting out the basis of jurisdiction in the Civil Bill.<\/p>\n<p>A party who appears in response to a Civil Bill must enter an appearance within a 10-day time frame. In practice, extensions of this timeframe are readily allowed. A defence is required within a further 10 days. Once again, the defence is commonly filed significantly later than that, with the consent of the parties. A counterclaim may be embodied within the defence.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Pre-Trial_Orders\"><\/span>Pre-Trial Orders<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A party may bring interlocutory applications or motions in the divorce proceedings in accordance with the standard court procedures. The motion is based on an affidavit setting out the basis for the order claimed. The motion is heard on the relevant return date or an adjourned return date.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Default\"><\/span>Default<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>If the respondent has not appeared or entered a defence, an application for orders in terms of the Civil Bill may be sought.\u00a0 A further notice must be given of the intention to do so in writing, together with an offer consenting to the late filing.<\/p>\n<p>If the defendant defaults, the motion may be heard for orders in terms of the Civil Bill. The Court may grant the order sought. In the alternative, and more commonly, it may grant leave to the respondent to defend all or aspects of the proceedings.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Third_Parties\"><\/span>Third Parties<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where third parties are party to applications or to the proceedings, such as a pension trustee, affidavits of representation should be filed, which should set out the basis of the representation.<\/p>\n<p>Affidavits must be filed on the relevant parties within 28 days of service of the application for relief or within such further time as the court directs. This commonly occurs in connection with a proposed pension adjustment order. The time limits may be extended.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Pre-Trial_Requirement\"><\/span>Pre-Trial Requirement<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Before a divorce case is set down for trial, practice directions require that certain matters be dealt with and steps taken. In particular, discovery must be completed in full. There must be comprehensive disclosure of expert reports, business reports, valuations and accounting reports. The affidavit of means must be fully updated and exchanged.<\/p>\n<p>The particular practice will depend on the relevant County Registrar&#8217;s Office. In Dublin, a notice of a fixed date for trial is issued and served. On the relevant date, the court fixes a hearing date. A notice of trial is served in other Circuits and is listed for the next hearings.<\/p>\n<p>Case Management provisions now apply. See the separate sections on case management.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Hearing\"><\/span>Hearing<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Family law hearings are heard in camera, i.e. the public is not admitted. Wigs and gowns are not worn by the judge or legal representatives.<\/p>\n<p>Barristers, solicitors, or others may be permitted to attend hearings in order to make a report. The report of proceedings or publication of the decision may be permitted, provided that nothing identifies the parties or children concerned.<\/p>\n<p>Parties may apply for leave to be accompanied by other persons. This permits the involvement of so-called McKenzie&#8217;s friends to assist lay litigants. They may take notes and make suggestions regarding the examination of witnesses.<\/p>\n<p>A person who wishes to be accompanied by another person in court must complete a form, which is to be lodged with the County Registrar in advance. He must apply to the court for approval of the accompanying person.<\/p>\n<p>Family mediators, persons engaged in family law research, and persons engaged by the court service to prepare court reports or proceedings may attend. A recorder may attend court to publish reports of proceedings. It is subject to the approval of the court and the direction of the court. He must be attending for the purpose of preparation and publication of reports of proceedings.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Documents\"><\/span>Documents<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Documents may be furnished, whether prepared for the evidence or given in evidence to entities conducting hearings, investigations or inquiries on any matter under a statutory power. Such documents are to be private and are to be dealt with in non-public hearings.<\/p>\n<p>The court may, by order allow the disclosure of documents and evidence to third parties if it is required to protect their legitimate interests.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Uncontested_Cases\"><\/span>Uncontested Cases<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where parties agree to the terms of the divorce, an uncontested order may be sought. The affidavit of means and affidavit of welfare must be filed together with consent to the terms on which the applicant makes a motion for judgment.<\/p>\n<p>If the parties have agreed on the terms of ancillary relief, then the application for a divorce may be by way of consent. This may be the case where there are no dependent children and the parties have been separated for some time.<\/p>\n<p>The court must be satisfied that a basis for divorce jurisdiction is available. Evidence must be given of the relevant facts and basis for the decree. The courts will not allow postal or form-based divorce. The court must be satisfied that proper provision has been made for the requisite parties, including in particular, children of the marriage.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Orders\"><\/span>Orders<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Parties may make copies of orders available to schools, educational bodies, child welfare agencies, detention centres, passports authority, Minister for Justice, Minister for Foreign Affairs, diplomatic, immigration, bodies having immigration competence, Garda S\u00edoch\u00e1na, banks, Health Service Executive, Adoption Authority, Guardian ad Litem, maintenance centre authority, and various others in various specific contexts.<\/p>\n<p>A relevant copy or extracts of the order as are necessary for the entity to perform its functions only may be furnished only.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"High_Court\"><\/span>High Court<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>See separately the section on divorce and family law in the High Court. A divorce proceeds by way of a special summons, which is returned, in the first instance, before the Master of the High Court. Affidavits of welfare must be filed. The Master\u2019s function is to ensure that the papers filed are in order. The Master may transfer the matter to the judges&#8217; list. Cases are then assigned as hearing dates.<\/p>\n<p>Cases are managed through the case management system. When all issues are resolved in High Court, a hearing date is allocated. A direction is made for a hearing to deal with all pretrial issues. This includes in particular, discovery.<\/p>\n<p>The Family Law summons must be verified by affidavit, setting out particulars of the marriage, length of time living apart, particulars of children and dependents, whether there is a possibility of reconciliation, details of separation agreement, domicile, details of family home and residence, details of real property.<\/p>\n<p>Where the summons is based on jurisdiction under the Brussels Convention, the basis of jurisdiction must be set out. It must be confirmed that there are no related proceedings pending in another state.<\/p>\n<p><!--nextpage--><\/p>\n<h2>FAMILY LAW ACT 1995<\/h2>\n<p>&nbsp;<\/p>\n<h4>Jurisdiction of courts and venue.<\/h4>\n<p>38.\u2014(1) Subject to the provisions of this section, the Circuit Court shall, concurrently with the High Court, have jurisdiction to hear and determine proceedings under this Act and shall, in relation to that jurisdiction, be known as the Circuit Family Court.<\/p>\n<p>(2) Subject to the other provisions of this section, the Circuit Family Court shall, concurrently with the High Court, have jurisdiction to hear and determine proceedings for a decree of nullity.<\/p>\n<p>(3) Where the F49[market value] of any land to which proceedings in the Circuit Family Court under this Act relate exceeds F49[\u20ac3,000,000] that Court shall, if an application is made to it in that behalf by any person having an interest in the proceedings, transfer the proceedings to the High Court, but any order made or act done in the course of such proceedings before the transfer shall be valid unless discharged or varied by the High Court by order.<\/p>\n<p>F50[(4) The jurisdiction conferred on the Circuit Family Court by this Act may be exercised\u2014<\/p>\n<p>(a) F51[\u2026]<\/p>\n<p>(b) F51[\u2026] by the judge of the circuit in which any of the parties to the proceedings ordinarily resides or carries on any business, profession or occupation.]<\/p>\n<p>(5) F52[\u2026]<\/p>\n<p>(6) Section 32 of the Act of 1989 shall apply to proceedings under this Act in the Circuit Family Court and sections 33 to 36 of that Act shall apply to proceedings under this Act in that Court and in the High Court.<\/p>\n<p>(7) In proceedings under section 8, 9, 10 (1) (a), 11, 12, 13, 14, F53[15A,] 18, 23 or 25\u2014<\/p>\n<p>(a) each of the spouses concerned shall give to the other spouse and to, or to a person acting on behalf of, any dependent member of the family concerned, and<\/p>\n<p>(b) any dependent member of the family concerned shall give to, or to a person acting on behalf of, any other such member and to each of the spouses concerned,<\/p>\n<p>such particulars of his or her property and income as may reasonably be required for the purposes of the proceedings.<\/p>\n<p>(8) Where a person fails or refuses to comply with subsection (7), the court, on application to it in that behalf by a person having an interest in the matter, may direct the person to comply with that subsection.<\/p>\n<p>F54[(9) In this section &#8220;market value&#8221; means, in relation to land, the price that would have been obtained in respect of the unencumbranced fee simple were the land to have been sold on the open market, in the year immediately preceding the bringing of the proceedings concerned, in such manner and subject to such conditions as might reasonably be calculated to have resulted in the vendor obtaining the best price for the land.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F49<br \/>\nSubstituted (11.01.2017) by Civil Liability and Courts Act 2004 (31\/2004), s. 51(a), S.I. No. 2 of 2017.<\/p>\n<p>F50<br \/>\nSubstituted (5.05.1997) by Family Law (Miscellaneous Provisions) Act 1997 (18\/1997), s. 2(2), commenced on enactment.<\/p>\n<p>F51<br \/>\nDeleted (1.01.2019) by Domestic Violence Act 2018 (6\/2018), s. 45(1)(f), S.I. No. 532 of 2018, subject to transitional provision in subs. (2).<\/p>\n<p>F52<br \/>\nRepealed (11.01.2017) by Civil Liability and Courts Act 2004 (31\/2004), s. 51(b), S.I. No. 2 of 2017.<\/p>\n<p>F53<br \/>\nInserted (27.02.1997) by Family Law (Divorce) Act 1996 (33\/1996), s. 52(n), commenced as per s. 1(2).<\/p>\n<p>F54<br \/>\nInserted (11.01.2017) by Civil Liability and Courts Act 2004 (31\/2004), s. 51(c), S.I. No. 2 of 2017.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C8<br \/>\nApplication of section affected (31.03.2005) by Civil Liability and Courts Act 2004 (31\/2004), s. 40, S.I. 544 of 2004; as amended (1.08.2008) by Civil Law (Miscellaneous Provisions) Act 2008 (14\/2008), s. 31, S.I. No. 274 of 2008; and as amended (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32\/2013), s. 5, S.I. No. 5 of 2014.<\/p>\n<h4>Proceedings heard otherwise than in public.<\/h4>\n<p>40. \u2014<\/p>\n<p>(2) For the purposes of this section each of the following shall be a \u201crelevant enactment\u201d\u2014<\/p>\n<p>&#8230;<\/p>\n<p>(i) section 38 of the Act of 1995;<\/p>\n<p>&#8230;<\/p>\n<p>(3) Nothing contained in a relevant enactment shall operate to prohibit\u2014<\/p>\n<p>(a) the preparation by a barrister at law or a solicitor or a person falling within any other class of persons specified in regulations made by the Minister and publication of a report of proceedings to which the relevant enactment relates, or<\/p>\n<p>(b) the publication of the decision of the court in such proceedings, in accordance with rules of court, provided that the report or decision does not contain any information which would enable the parties to the proceedings or any child to which the proceedings relate to be identified and, accordingly, unless in the special circumstances of the matter the court, for reasons which shall be specified in the direction, otherwise directs, a person referred to in paragraph (a) may, for the purposes of preparing [such a report\u2014<\/p>\n<p>(i) attend the proceedings, and<\/p>\n<p>(ii) have access to any relevant documents,<\/p>\n<p>subject to any directions the court may give in that behalf.]<\/p>\n<p>[(3A) (a) Subject to paragraph (b), nothing contained in a relevant enactment shall operate to prohibit bona fide representatives of the Press from attending proceedings to which the relevant enactment relates.<\/p>\n<p>(b) Subject to paragraphs (c) and (d), where, in proceedings under a relevant enactment, a court is satisfied that it is necessary to do so\u2014<\/p>\n<p>(i) in order to preserve the anonymity of a party to the proceedings or any child to whom the proceedings relate,<\/p>\n<p>(ii) by reason of the nature or circumstances of the case, or<\/p>\n<p>(iii) as it is otherwise necessary in the interests of justice,<\/p>\n<p>the court may, on its own motion, or on application to it by a party to the proceedings or by a person on behalf of a child to whom the proceedings relate, by order\u2014<\/p>\n<p>(I) exclude, or otherwise restrict the attendance of, bona fide representatives of the Press from the court during the hearing or particular parts of it, or<\/p>\n<p>(II) prohibit or restrict the publication or broadcasting of any evidence given or referred to during the proceedings or any part of such evidence,<\/p>\n<p>and any such order may, with regard to any restriction, contain such conditions as the court considers appropriate.<\/p>\n<p>(c) In determining whether or not to make an order under paragraph (b), a court shall have regard to the desirability of promoting public confidence in the administration of justice and to any other matter that appears to it to be relevant and shall, in particular, have regard to the following:<\/p>\n<p>(i) the best interests of a child to whom the proceedings relate;<\/p>\n<p>(ii) the views, if any, of\u2014<\/p>\n<p>(I) a party to the proceedings, and<\/p>\n<p>(II) a child to whom the proceedings relate who is, in the opinion of the court, capable of forming his or her own views;<\/p>\n<p>(iii) whether information given or likely to be given in evidence is sensitive personal information;<\/p>\n<p>(iv) the extent to which the attendance of bona fide representatives of the Press might inhibit or cause undue distress to a party to the proceedings or a child to whom the proceedings relate by reason of the emotional condition or any medical condition, physical impairment or intellectual disability of the party or the child concerned;<\/p>\n<p>(v) the need to protect a party to the proceedings or a child to whom the proceedings relate against coercion, intimidation or harassment;<\/p>\n<p>(vi) whether information given or likely to be given in evidence might be prejudicial to a criminal investigation or criminal proceedings;<\/p>\n<p>(vii) whether information given or likely to be given in evidence is commercially sensitive information; and<\/p>\n<p>(viii) whether information of the type referred to in subparagraphs (iii), (vi) and (vii) when taken together with other information would, if published or broadcast, be likely to lead members of the public to identify a party to the proceedings or a child to whom the proceedings relate.<\/p>\n<p>(d) In considering the views of a child referred to in clause (II) of paragraph (c)(ii), a court shall take account of the age and level of maturity of the child concerned.<\/p>\n<p>(e) Where evidence in proceedings to which a relevant enactment relates concerns a matter referred to in subparagraph (vi) of paragraph (c), an application under paragraph (b) may be made by or on behalf of the Director of Public Prosecutions.<\/p>\n<p>(f) In this subsection\u2014<\/p>\n<p>&#8220;commercially sensitive information&#8221; means\u2014<\/p>\n<p>(i) financial, commercial, scientific, technical or other information the disclosure of which could reasonably be expected to result in a material financial loss or gain to the person to whom it relates, or could prejudice the competitive position of that person in the conduct of his or her business or otherwise in his or her occupation, or<\/p>\n<p>(ii) information the disclosure of which could prejudice the conduct or outcome of contractual or other negotiations of the person to whom it relates;<\/p>\n<p>&#8220;party to the proceedings&#8221; includes a witness in the proceedings;<\/p>\n<p>&#8220;sensitive personal information&#8221; means information about a person that would, in the ordinary course of events, be known only to the person or members of the family, or friends, of the person, and includes but is not limited to\u2014<\/p>\n<p>(i) information relating to the medical, psychiatric or psychological history of the person,<\/p>\n<p>(ii) information relating to the tax affairs of the person,<\/p>\n<p>(iii) information relating to the sexual conduct or sexual orientation of the person.]<\/p>\n<p>(4) Nothing contained in a relevant enactment shall operate to prohibit a party to proceedings to which the enactment relates from supplying copies of, or extracts from, orders made in the proceedings to such persons and in accordance with such conditions (if any) as may be prescribed by order of the Minister.<\/p>\n<p>(5) Nothing contained in a relevant enactment shall operate to prohibit a party to proceedings to which the enactment relates from being accompanied, in such proceedings, in court by another person subject to the approval of the court and any directions it may give in that behalf.<\/p>\n<p>(6) Nothing contained in an enactment that prohibits proceedings to which the enactment relates from being heard in public shall operate to prohibit the production of a document prepared for the purposes or in contemplation of such proceedings or given in evidence in such proceedings, to\u2014<\/p>\n<p>(a) a body or other person when it, or he or she, is performing functions under any enactment consisting of the conducting of a hearing, inquiry or investigation in relation to, or adjudicating on, any matter, or<\/p>\n<p>(b) such body or other person as may be prescribed by order made by the Minister, when the body or person concerned is performing functions consisting of the conducting of a hearing, inquiry or investigation in relation to, or adjudicating on, any matter as may be so prescribed.<\/p>\n<p>(7) Nothing contained in an enactment that prohibits proceedings to which the enactment relates from being heard in public shall operate to prohibit the giving of information or evidence given in such proceedings to\u2014<\/p>\n<p>(a) a body or other person when it, or he or she, is performing functions under any enactment consisting of the conducting of a hearing, inquiry or investigation in relation to, or adjudicating on, any matter, or<\/p>\n<p>(b) such body or other person as may be prescribed by order made by the Minister, when the body or person concerned is performing functions consisting of the conducting of a hearing, inquiry or investigation in relation to, or adjudicating on, any matter as may be so prescribed.<\/p>\n<p>(8) A court hearing proceedings under a relevant enactment shall, on its own motion or on the application of one of the parties to the proceedings, have discretion to order disclosure of documents, information or evidence connected with or arising in the course of the proceedings to third parties if such disclosure is required to protect the legitimate interests of a party or other person affected by the proceedings.<\/p>\n<p>(9) A hearing, inquiry or investigation referred to in subsection (6) or (7) shall, in so far as it relates to a document referred to in subsection (6) or information or evidence referred to in subsection (7), be conducted otherwise than in public and no such document, information or evidence shall be published.<\/p>\n<p>(10) This section shall apply to proceedings brought, and decisions of a court made, whether before or after the commencement of this section.<\/p>\n<p>[(11) In subsection (3), &#8220;relevant documents&#8221;, in relation to any proceedings referred to in that subsection\u2014<\/p>\n<p>(a) subject to paragraph (b), means\u2014<\/p>\n<p>(i) the petition, summons or other originating document in the proceedings,<\/p>\n<p>(ii) pleadings and other documents (including the terms of settlement, if any) produced to or lodged with the court, or included in the book of pleadings, in the course of the proceedings, and<\/p>\n<p>(iii) any order made by the court in the proceedings,<\/p>\n<p>(b) does not include any document the contents of which are expressed to be without prejudice or in terms having a like effect.]<\/p>\n<h4>Exercise of jurisdiction by court in relation to nullity.<\/h4>\n<p>39.\u2014(1) The court may grant a decree of nullity if, but only if, one of the following requirements is satisfied:<\/p>\n<p>(a) either of the spouses concerned was domiciled in the State on the date of the institution of the proceedings concerned,<\/p>\n<p>(b) either of the spouses was ordinarily resident in the State throughout the period of one year ending on that date,<\/p>\n<p>(c) either of the spouses died before that date and\u2014<\/p>\n<p>(i) was at the time of death domiciled in the State, or<\/p>\n<p>(ii) had been ordinarily resident in the State throughout the period of one year ending on that date.<\/p>\n<p>(2) Where proceedings are pending in a court in respect of an application for the grant of a decree of nullity or in respect of an appeal from the determination of such an application and the court has or had, by virtue of subsection (1), jurisdiction to determine the application, the court, notwithstanding section 31 (4) of the Act of 1989, shall have jurisdiction to determine an application for the grant of a decree of judicial separation in respect of the marriage concerned.<\/p>\n<p>Annotations<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C9<br \/>\nApplication of subs. (1) restricted (1.08.2022) by European Union (Decisions in Matrimonial Matters and in Matters of Parental Responsibility and International Child Abduction) Regulations 2022 (S.I. No. 400 of 2022), reg. 7(c), in effect as per reg. 1(2).<\/p>\n<p>Non-applicability of certain statutory provisions.<\/p>\n<p>7. The following provisions shall not have effect in relation to proceedings to which the Council Regulation (other than Article 6) applies:<\/p>\n<p>&#8230;<\/p>\n<p>(c) sections 29 and 39(1) of the Family Law Act 1995 (No. 26 of 1995);<\/p>\n<p>&#8230;<\/p>\n<p>C10<br \/>\nApplication of subs. (1) restricted (1.03.2005) by European Communities (Judgments in Matrimonial Matters and Matters of Parental Responsibility) Regulations 2005 (S.I. No. 112 of 2005), reg. 7(c), in effect as per reg. 1(2).<\/p>\n<p>Non-applicability of certain statutory provisions.<\/p>\n<p>7. The following provisions shall not have effect in relation to proceedings to which the Council Regulation (other than Article 7) applies:<\/p>\n<p>&#8230;<\/p>\n<p>(c) sections 29 and 39(1) of the Family Law Act 1995;<\/p>\n<p>&#8230;<\/p>\n<p>C11<br \/>\nApplication of section restricted (27.02.1997) by Family Law (Divorce) Act 1996 (33\/1996), s. 39(2) and (3), commenced as per s. 1(2).<\/p>\n<p>Exercise of jurisdiction by court in relation to divorce.<\/p>\n<p>39. \u2014 &#8230;<\/p>\n<p>(2) Where proceedings are pending in a court in respect of an application for the grant of a decree of divorce or in respect of an appeal from the determination of such an application and the court has or had, by virtue of subsection (1), jurisdiction to determine the application, the court shall, notwithstanding section 31(4) of the Act of 1989 or section 39 of the Act of 1995, as the case may be, have jurisdiction to determine an application for the grant of a decree of judicial separation or a decree of nullity in respect of the marriage concerned.<\/p>\n<p>(3) Where proceedings are pending in a court in respect of an application for the grant of a decree of nullity or in respect of an appeal from the determination of such an application and the court has or had, by virtue of section 39 of the Act of 1995, jurisdiction to determine the application, the court shall, notwithstanding subsection (1), have jurisdiction to determine an application for the grant of a decree of divorce in respect of the marriage concerned.<\/p>\n<p>&#8230;<\/p>\n<p>Editorial Notes:<\/p>\n<p>E39<br \/>\nPrevious affecting provision: application of subs. (1) restricted (23.10.2001) by European Communities (Judgments in Matrimonial Matters and Matters of Parental Responsibility) Regulations 2001 (S.I. No. 472 of 2001), reg. 3; revoked (1.03.2005) by European Communities (Judgments in Matrimonial Matters and Matters of Parental Responsibility) Regulations 2005 (S.I. No. 112 of 2005), reg. 11, in effect as per reg. 1(2).<\/p>\n<p>Notice of proceedings under Act.<\/p>\n<p>40.\u2014Notice of any proceedings under this Act shall be given by the person bringing the proceedings to\u2014<\/p>\n<p>(a) the other spouse concerned or, as the case may be, the spouses concerned, and<\/p>\n<p>(b) any other person specified by the court.<\/p>\n<h2><\/h2>\n<h2>FAMILY LAW (DIVORCE) ACT 1996<\/h2>\n<h4>Jurisdiction of courts and venue.<\/h4>\n<p>38.\u2014(1) Subject to the provisions of this section, the Circuit Court shall, concurrently with the High Court, have jurisdiction to hear and determine proceedings under this Act and shall, in relation to that jurisdiction, be known as the Circuit Family Court.<\/p>\n<p>(2) Where the F31[market value] of any land to which proceedings in the Circuit Family Court under this Act relate exceeds F31[\u20ac3,000,000], that Court shall, if an application is made to it in that behalf by any person having an interest in the proceedings, transfer the proceedings to the High Court, but any order made or act done in the course of such proceedings before the transfer shall be valid unless discharged or varied by the High Court by order.<\/p>\n<p>(3) The jurisdiction conferred on the Circuit Family Court by this Act may be exercised by the judge of the circuit in which any of the parties to the proceedings ordinarily resides or carries on any business, profession or occupation.<\/p>\n<p>(4) F32[\u2026]<\/p>\n<p>(5) Section 32 of the Act of 1989 shall apply to proceedings under this Act in the Circuit Family Court and sections 33 to 36 of that Act shall apply to proceedings under this Act in that Court and in the High Court.<\/p>\n<p>(6) In proceedings under section 13, 14, 15 (1) (a), 16, 17, 18 or 22\u2014<\/p>\n<p>(a) each of the spouses concerned shall give to the other spouse and to, or to a person acting on behalf of, any dependent member of the family concerned, and<\/p>\n<p>(b) any dependent member of the family concerned shall give to, or to a person acting on behalf of, any other such member and to each of the spouses concerned,<\/p>\n<p>such particulars of his or her property and income as may reasonably be required for the purposes of the proceedings.<\/p>\n<p>(7) Where a person fails or refuses to comply with subsection (6), the court on application to it in that behalf by a person having an interest in the matter, may direct the person to comply with that subsection.<\/p>\n<p>F33[(8) In this section &#8220;market value&#8221; means, in relation to land, the price that would have been obtained in respect of the unencumbranced fee simple were the land to have been sold on the open market, in the year immediately preceding the bringing of the proceedings concerned, in such manner and subject to such conditions as might reasonably be calculated to have resulted in the vendor obtaining the best price for the land.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F31<br \/>\nSubstituted (11.01.2017) by Civil Liability and Courts Act 2004 (31\/2004), s. 52(a), S.I. No. 2 of 2017.<\/p>\n<p>F32<br \/>\nRepealed (11.01.2017) by Civil Liability and Courts Act 2004 (31\/2004), s. 52(b), S.I. No. 2 of 2017.<\/p>\n<p>F33<br \/>\nInserted (11.02.2017) by Civil Liability and Courts Act 2004 (31\/2004), s. 52(c), S.I. No. 2 of 2017.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C3<br \/>\nApplication of section restricted (31.03.2005) by Civil Liability and Courts Act 2004 (31\/2004), s. 40, S.I. No. 544 of 2004, as amended (1.08.2008) by Civil Law (Miscellaneous Provisions) Act 2008 (14\/2008), s. 31, S.I. No. 274 of 2008.<\/p>\n<p>Proceedings heard otherwise than in public.<\/p>\n<p>40. \u2014 &#8230;<\/p>\n<p>(2) For the purposes of this section each of the following shall be a \u201crelevant enactment\u201d\u2014<\/p>\n<p>&#8230;<\/p>\n<p>(j) section 38 of the Act of 1996;<\/p>\n<p>&#8230;<\/p>\n<p>(3) Nothing contained in a relevant enactment shall operate to prohibit\u2014<\/p>\n<p>(a) the preparation by a barrister at law or a solicitor or a person falling within any other class of persons specified in regulations made by the Minister and publication of a report of proceedings to which the relevant enactment relates, or<\/p>\n<p>(b) the publication of the decision of the court in such proceedings, in accordance with rules of court, provided that the report or decision does not contain any information which would enable the parties to the proceedings or any child to which the proceedings relate to be identified and, accordingly, unless in the special circumstances of the matter the court, for reasons which shall be specified in the direction, otherwise directs, a person referred to in paragraph (a) may, for the purposes of preparing [such a report\u2014<\/p>\n<p>(i) attend the proceedings, and<\/p>\n<p>(ii) have access to any relevant documents,<\/p>\n<p>subject to any directions the court may give in that behalf.]<\/p>\n<p>(4) Nothing contained in a relevant enactment shall operate to prohibit a party to proceedings to which the enactment relates from supplying copies of, or extracts from, orders made in the proceedings to such persons and in accordance with such conditions (if any) as may be prescribed by order of the Minister.<\/p>\n<p>(5) Nothing contained in a relevant enactment shall operate to prohibit a party to proceedings to which the enactment relates from being accompanied, in such proceedings, in court by another person subject to the approval of the court and any directions it may give in that behalf.<\/p>\n<p>(6) Nothing contained in an enactment that prohibits proceedings to which the enactment relates from being heard in public shall operate to prohibit the production of a document prepared for the purposes or in contemplation of such proceedings or given in evidence in such proceedings, to\u2014<\/p>\n<p>(a) a body or other person when it, or he or she, is performing functions under any enactment consisting of the conducting of a hearing, inquiry or investigation in relation to, or adjudicating on, any matter, or<\/p>\n<p>(b) such body or other person as may be prescribed by order made by the Minister, when the body or person concerned is performing functions consisting of the conducting of a hearing, inquiry or investigation in relation to, or adjudicating on, any matter as may be so prescribed.<\/p>\n<p>(7) Nothing contained in an enactment that prohibits proceedings to which the enactment relates from being heard in public shall operate to prohibit the giving of information or evidence given in such proceedings to\u2014<\/p>\n<p>(a) a body or other person when it, or he or she, is performing functions under any enactment consisting of the conducting of a hearing, inquiry or investigation in relation to, or adjudicating on, any matter, or<\/p>\n<p>(b) such body or other person as may be prescribed by order made by the Minister, when the body or person concerned is performing functions consisting of the conducting of a hearing, inquiry or investigation in relation to, or adjudicating on, any matter as may be so prescribed.<\/p>\n<p>(8) A court hearing proceedings under a relevant enactment shall, on its own motion or on the application of one of the parties to the proceedings, have discretion to order disclosure of documents, information or evidence connected with or arising in the course of the proceedings to third parties if such disclosure is required to protect the legitimate interests of a party or other person affected by the proceedings.<\/p>\n<p>(9) A hearing, inquiry or investigation referred to in subsection (6) or (7) shall, in so far as it relates to a document referred to in subsection (6) or information or evidence referred to in subsection (7), be conducted otherwise than in public and no such document, information or evidence shall be published.<\/p>\n<p>(10) This section shall apply to proceedings brought, and decisions of a court made, whether before or after the commencement of this section.<\/p>\n<p>[(11) In subsection (3), &#8220;relevant documents&#8221;, in relation to any proceedings referred to in that subsection\u2014<\/p>\n<p>(a) subject to paragraph (b), means\u2014<\/p>\n<p>(i) the petition, summons or other originating document in the proceedings,<\/p>\n<p>(ii) pleadings and other documents (including the terms of settlement, if any) produced to or lodged with the court, or included in the book of pleadings, in the course of the proceedings, and<\/p>\n<p>(iii) any order made by the court in the proceedings,<\/p>\n<p>(b) does not include any document the contents of which are expressed to be without prejudice or in terms having a like effect.]<\/p>\n<h4>Exercise of jurisdiction by court in relation to divorce.<\/h4>\n<p>39.\u2014(1) The court may grant a decree of divorce if, but only if, one of the following requirements is satisfied\u2014<\/p>\n<p>(a) either of the spouses concerned was domiciled in the State on the date of the institution of the proceedings concerned,<\/p>\n<p>(b) either of the spouses was ordinarily resident in the State throughout the period of one year ending on that date.<\/p>\n<p>(2) Where proceedings are pending in a court in respect of an application for the grant of a decree of divorce or in respect of an appeal from the determination of such an application and the court has or had, by virtue of subsection (1), jurisdiction to determine the application, the court shall, notwithstanding section 31(4) of the Act of 1989 or section 39 of the Act of 1995, as the case may be, have jurisdiction to determine an application for the grant of a decree of judicial separation or a decree of nullity in respect of the marriage concerned.<\/p>\n<p>(3) Where proceedings are pending in a court in respect of an application for the grant of a decree of nullity or in respect of an appeal from the determination of such an application and the court has or had, by virtue of section 39 of the Act of 1995, jurisdiction to determine the application, the court shall, notwithstanding subsection (1), have jurisdiction to determine an application for the grant of a decree of divorce in respect of the marriage concerned.<\/p>\n<p>(4) Where proceedings are pending in a court in respect of an application for the grant of a decree of judicial separation or in respect of an appeal from the determination of such an application and the court has or had, by virtue of section 31 (4) of the Act of 1989, jurisdiction to determine the application, the court shall, notwithstanding subsection (1), have jurisdiction to determine an application for the grant of a decree of divorce in respect of the marriage concerned.<\/p>\n<p>Annotations<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C4<br \/>\nApplication of subs. (1) restricted (1.08.2022) by European Union (Decisions in Matrimonial Matters and in Matters of Parental Responsibility and International Child Abduction) Regulations 2022 (S.I. No. 400 of 2022), reg. 7(c), in effect as per reg. 1(2).<\/p>\n<p>Non-applicability of certain statutory provisions.<\/p>\n<p>7. The following provisions shall not have effect in relation to proceedings to which the Council Regulation (other than Article 6) applies:<\/p>\n<p>&#8230;<\/p>\n<p>(d) section 39 (1) of the Family Law (Divorce) Act 1996 (No. 33 of 1996).<\/p>\n<p>C5<br \/>\nApplication of subs. (1) restricted (1.03.2005) by European Communities (Judgments in Matrimonial Matters and Matters of Parental Responsibility) Regulations 2005 (S.I. No. 112 of 2005), reg. 7(d), in effect as per reg. 1(2).<\/p>\n<p>Non-applicability of certain statutory provisions.<\/p>\n<p>7. The following provisions shall not have effect in relation to proceedings to which the Council Regulation (other than Article 7) applies:<\/p>\n<p>&#8230;<\/p>\n<p>(d) section 39(1) of the Family Law (Divorce) Act 1996.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E24<br \/>\nE25<br \/>\nPrevious affecting provision: application of subs. (1) restricted (23.10.2001) by European Communities (Judgments in Matrimonial Matters and Matters of Parental Responsibility) Regulations 2001 (S.I. No. 472 of 2001), reg. 3; revoked (1.03.2005) by European Communities (judgments in Matrimonial Matters and Matters of Parental Responsibility) Regulations 2005 (S.I. No. 112 of 2005), reg. 11, in effect as per reg. 1(2).<\/p>\n<h4>Notice of proceedings under Act.<\/h4>\n<p>40.\u2014Notice of any proceedings under this Act shall be given by the person bringing the proceedings to\u2014<\/p>\n<p>(a) the other spouse concerned or, as the case may be, the spouses concerned, and<\/p>\n<p>(b) any other person specified by the court.<\/p>\n<h4>Cost of mediation and counselling services.<\/h4>\n<p>43.\u2014The cost of any F34[\u2026] counselling services provided for a spouse who is or becomes a party to proceedings under this Act, the Act of 1964 or the Act of 1989 or for a dependent member of the family of such a spouse shall be in the discretion of the court concerned.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F34<br \/>\nDeleted (1.01.2018) by Mediation Act 2017 (27\/2017), s. 26(c), S.I. No. 591 of 2017.<\/p>\n<h4>Social reports in family law proceedings.<\/h4>\n<p>42.\u2014Section 47 of the Act of 1995 shall apply to proceedings under this Act.<\/p>\n<p>&nbsp;<\/p>\n<h4>Determination of questions between persons formerly engaged to each other in relation to property.<\/h4>\n<p>44.\u2014Where an agreement to marry is terminated, section 36 of the Act of 1995 shall apply, as if the parties to the agreement were married to each other, to any dispute between them, or claim by one of them, in relation to property in which either or both of them had a beneficial interest while the agreement was in force.<\/p>\n<p>Amendment of Act of 1989.<\/p>\n<p>45.\u2014The Act of 1989 is hereby amended\u2014<\/p>\n<p>(a) in section 3 (2) (a), by the substitution of the following subparagraph for subparagraph (i):<\/p>\n<p>\u201c(i) is satisfied that such provision exists or has been made, or\u201d,<\/p>\n<p>(b) in section 7, by the deletion of subsection (7), and<\/p>\n<p>(c) by the insertion of the following section before section 8:<\/p>\n<p>\u201cNon-admissibility as evidence of certain communications relating to reconciliation or separation.<\/p>\n<p>7A.\u2014An oral or written communication between either of the spouses concerned and a third party for the purpose of seeking assistance to effect a reconciliation or to reach agreement between them on some or all of the terms of a separation (whether or not made in the presence or with the knowledge of the other spouse), and any record of such a communication, made or caused to be made by either of the spouses concerned or such a third party, shall not be admissible as evidence in any court.\u201d.<\/p>\n<h4>Amendment of Act of 1965.<\/h4>\n<p>46.\u2014Section 117 (6) of the Act of 1965 is hereby amended by the substitution of \u201c6 months\u201d for \u201ctwelve months\u201d.<\/p>\n<h4>Amendment of Pensions Act, 1990.<\/h4>\n<p>47.\u2014The Pensions Act, 1990, is hereby amended as follows:<\/p>\n<p>(a) in subsection (4) (a) (inserted by the Pensions (Amendment) Act, 1996) of section 5, by the substitution of \u201cparagraph (c) or (cc) of section 10 (1)\u201d for \u201csection 10 (1) (c),\u201d,<\/p>\n<p>(b) subsection (4) (inserted by the Pensions (Amendment) Act, 1996) of section 5 shall apply and have effect in relation to section 17 as it applies and has effect in relation to section 12 of the Act of 1995 with the modifications that\u2014<\/p>\n<p>(i) the reference to the said section 12 shall be construed as a reference to section 17,<\/p>\n<p>(ii) the reference in paragraph (c) to the Family Law Act, 1995, shall be construed as a reference to the Family Law (Divorce) Act, 1996,<\/p>\n<p>(iii) the references to subsections (1), (2), (3), (5), (6), (7), (8), (10) and (25) of the said section 12 shall be construed as references to subsections (1), (2), (3), (5), (6), (7), (8), (10) and (25), respectively, of section 17, and<\/p>\n<p>(iv) the reference to section 2 of the Act of 1995 shall be construed as a reference to section 2,<\/p>\n<p>and<\/p>\n<p>(c) in section 10 (1), by the substitution for paragraph (cc) (inserted by the Pensions (Amendment) Act, 1996) of the following paragraph:<\/p>\n<p>\u201c(cc) to issue guidelines or guidance notes generally on the operation of this Act and on the provisions of the Family Law Act, 1995, and the Family Law (Divorce) Act, 1996, relating to pension schemes (within the meaning of section 2 of the Family Law Act, 1995 and section 2 of the Family Law (Divorce) Act, 1996);\u201d.<\/p>\n<h2>CIVIL PARTNERSHIP AND CERTAIN RIGHTS AND OBLIGATIONS OF COHABITANTS ACT 2010<\/h2>\n<p>PART 13<\/p>\n<h4>Jurisdiction and Other Related Matters<\/h4>\n<p>Definitions.<\/p>\n<p>139.\u2014 In this Part\u2014<\/p>\n<p>\u201cCircuit Court\u201d means the Circuit Court when it is exercising its jurisdiction to hear and determine civil partnership law proceedings or transferring civil partnership law proceedings to the High Court;<\/p>\n<p>\u201ccivil partner\u201d includes, where the context requires, a person who was a civil partner in a partnership that has been dissolved;<\/p>\n<p>\u201ccivil partnership law proceedings\u201d in relation to a court, means proceedings before a court of competent jurisdiction\u2014<\/p>\n<p>(a) under this Act, with the exception of Part 15,<\/p>\n<p>F63[(b) under the Domestic Violence Act 2018, or]<\/p>\n<p>(c) 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.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F63<br \/>\nSubstituted (1.01.2019) by Domestic Violence Act 2018 (6\/2018), s. 51(c), S.I. No. 532 of 2018.<\/p>\n<h4>Jurisdiction and venue.<\/h4>\n<p>140.\u2014 (1) Subject to the other provisions of this section, the Circuit Court has concurrent jurisdiction with the High Court to hear and determine civil partnership law proceedings.<\/p>\n<p>(2) The District Court, and the Circuit Court on appeal from the District Court, have concurrent jurisdiction with the High Court to hear and determine proceedings under sections 45, 46, 47 and 50 except that\u2014<\/p>\n<p>(a) they do not have jurisdiction to make an order under one of those sections for the payment of a periodical sum at a rate greater than \u20ac500 per week F64[for support of a civil partner or \u20ac150 per week for the support of a dependent child of the civil partners],<\/p>\n<p>(b) they do not have jurisdiction to make an order or direction under one of those sections in a matter in relation to which the High Court has made an order or direction under that section, and<\/p>\n<p>(c) the District Court does not have jurisdiction to make an order or direction under one of those sections in a matter in relation to which the Circuit Court has made an order or direction otherwise than on appeal from the District Court.<\/p>\n<p>(3) The court shall only exercise its jurisdiction in civil partnership law proceedings if a party to the proceedings\u2014<\/p>\n<p>(a) is domiciled in the State on the date on which the proceedings are commenced, or<\/p>\n<p>(b) is ordinarily resident in the State throughout the one-year period that ends on that date.<\/p>\n<p>(4) The jurisdiction conferred on the Circuit Court may be exercised by the judge of the circuit in which a party to the civil partnership law proceedings ordinarily resides or carries on a business, profession or occupation.<\/p>\n<p>F65[(5) The Circuit Court shall transfer proceedings to the High Court on application to it by a party to the proceedings, if land to which the proceedings relate has a market value that exceeds \u20ac3,000,000.<\/p>\n<p>(5A) In subsection (5) and the following subsection, \u2018market value\u2019 means, in relation to land, the price that would have been obtained in respect of the unencumbranced fee simple were the land to have been sold on the open market, in the year immediately preceding the bringing of the proceedings concerned, in such manner and subject to such conditions as might reasonably be calculated to have resulted in the vendor obtaining the best price for the land.<\/p>\n<p>(5B) Where civil partnership law proceedings are brought in the Circuit Court in relation to land and the plaintiff or applicant in the proceedings alleges that the market value of the land concerned does not exceed the monetary amount specified in subsection (5), it shall be presumed, until the contrary is proved, that the market value of the land does not exceed the foregoing amount.]<\/p>\n<p>(6) An order made or act done in the course of the proceedings before a transfer under subsection (5) is valid unless discharged or varied by the High Court.<\/p>\n<p>(7) The District Court and the Circuit Court shall transfer to the High Court proceedings under Part 4 in which the value of household chattels exceeding F66[\u20ac15,000] is at issue, on application to it by a party to the proceedings.<\/p>\n<p>(8) An order made or act done in the course of the proceedings before a transfer under subsection (7) is valid unless discharged or varied by the High Court.<\/p>\n<p>(9) If a civil partner is a person of unsound mind and there is a committee of the civil partner\u2019s estate, the jurisdiction under this section in proceedings under Part 4 may, subject to subsections (5) to (8), be exercised by the court that has appointed the committee.<\/p>\n<p>F65[(10) Subject to subsection (9), the District Court has all the jurisdiction of the High Court to hear and determine a question arising out of section 34 where the value of the household chattels intended to be disposed of or removed or actually disposed of or removed does not exceed \u20ac15,000.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F64<br \/>\nSubstituted (18.01.2016) by Children and Family Relationships Act 2015 (9\/2015), s. 169, S.I. No. 12 of 2016.<\/p>\n<p>F65<br \/>\nSubstituted and inserted (11.01.2017) by Courts Act 2016 (22\/2016), s. 2(2), S.I. No. 1 of 2017, as respects proceedings brought after commencement of this section.<\/p>\n<p>F66<br \/>\nSubstituted (3.02.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32\/2013), s. 2(b), S.I. No. 566 of 2013.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C3<br \/>\nApplication of section restricted (1.01.2019) by Domestic Violence Act 2018 (6\/2018), s. 14(2), S.I. No. 532 of 2018.<\/p>\n<p>Application of section 34(2) of Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010<\/p>\n<p>14. (1) Where an application for a barring order or a safety order is made against the civil partner of the applicant, subsection (2) of section 34 of the Act of 2010 shall apply\u2014<\/p>\n<p>(a) between the making of the application for the order and its determination, and<\/p>\n<p>(b) if that order is made, while that order is in force, as it applies between the institution and final determination of dissolution proceedings to which that section relates.<\/p>\n<p>(2) The court which is empowered under subsection (2)(b) of section 34 of the Act of 2010 to grant permission for a disposition or removal of household chattels within the meaning of that section is, notwithstanding anything in section 140 of that Act, the court before which the proceedings, including proceedings for a barring order or a safety order, have been instituted.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E28<br \/>\nPrevious affecting provision: subs. (10(b) amended (3.02.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32\/2013), s. 2(b), S.I. No. 566 of 2013; substituted as per F-note above.<\/p>\n<h4>Notice of civil partnership law proceedings.<\/h4>\n<p>141.\u2014 A person bringing civil partnership law proceedings shall give notice of them to\u2014<\/p>\n<p>(a) the other civil partner or the civil partners concerned, and<\/p>\n<p>(b) another person if the court so specifies.<\/p>\n<p>F67[Custody of dependent children of civil partners after decree of dissolution<\/p>\n<p>141A.\u2014 Where the court grants a decree of dissolution (within the meaning of Part 12), it may declare either of the civil partners concerned to be unfit to have custody of any dependent child of the civil partners who is under the age of 18 years and, if it does so and the civil partner to whom the declaration relates is a parent of any dependent child of the civil partners who is under the age of 18 years, that civil partner shall not, on the death of the other civil partner, be entitled as of right to the custody of that child.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F67<br \/>\nInserted (18.01.2016) by Children and Family Relationships Act 2015 (9\/2015), s. 170, S.I. No. 12 of 2016.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E29<br \/>\nIn proceedings to which section applies, court may adjourn proceedings and direct an investigation of the child\u2019s circumstances as provided by Guardianship of Infants Act 1964 (7\/1964), s. 20(d); as inserted (18.01.2016) by Children and Family Relationships Act 2015 (9\/2015), s. 175(c), S.I. No. 12 of 2016.<\/p>\n<p>F68[Social reports<\/p>\n<p>141B.\u2014 Section 47 of the Family Law Act 1995 shall apply to proceedings under this Act.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F68<br \/>\nInserted (18.01.2016) by Children and Family Relationships Act 2015 (9\/2015), s. 170, S.I. No. 12 of 2016.<\/p>\n<h4>Particulars of property.<\/h4>\n<p>142.\u2014 F69[(1) In civil partnership law proceedings under section 45, 46, 47, 50, 117, 118, 119(1)(a) or (b), 120, 121 to 126, 127 or 131 each party to the proceedings shall give to the other party such particulars of his or her financial circumstances, including property and income, and in so far as is practicable, the financial circumstances of his or her dependent children, as may reasonably be required for the purpose of the proceedings.]<\/p>\n<p>(2) The court may direct a person who fails or refuses to comply with subsection (1) to comply with it.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F69<br \/>\nSubstituted (18.01.2016) by Children and Family Relationships Act 2015 (9\/2015), s. 171, S.I. No. 12 of 2016.<\/p>\n<h4>Hearing of proceedings.<\/h4>\n<p>143.\u2014 The Circuit Court shall sit to hear and determine civil partnership law proceedings in a different place or at different times or on different days from those on which the ordinary sittings of the Circuit Court are held.<\/p>\n<p>Conduct of proceedings.<\/p>\n<p>144.\u2014 (1) Civil partnership law proceedings shall be as informal as is practicable and consistent with the administration of justice.<\/p>\n<p>(2) A judge sitting to hear and determine civil partnership law proceedings, and a barrister or solicitor appearing in the proceedings, shall not wear a wig or a gown.<\/p>\n<h4>Privacy.<\/h4>\n<p>145.\u2014 Subject to the provisions of section 40 of the Civil Liability and Courts Act 2004, civil partnership law proceedings shall be heard otherwise than in public.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E30<br \/>\nSection included in definition of \u2018relevant enactment\u2019 for purposes of Civil Liability and Courts Act 2004 (31\/2004), Part 3 Ch. 2, by Civil Liability and Courts Act 2004 (31\/2004), s. 39; as amended (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32\/2013), s. 4, S.I. No. 5 of 2014.<\/p>\n<p>Costs.<\/p>\n<p>146.\u2014 The costs in civil partnership law proceedings are at the discretion of the court.<\/p>\n<h4>Rules of court.<\/h4>\n<p>147.\u2014 Rules of court shall provide for the documentation required for the commencement of civil partnership law proceedings in a summary manner.<\/p>\n<p>&nbsp;<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-11467\" data-postid=\"11467\" class=\"themify_builder_content themify_builder_content-11467 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Court Jurisdiction Divorce and judicial separation matters may be heard by the Circuit Court or the High Court.\u00a0 Both Circuit and High Courts have complete jurisdiction. The vast majority of matrimonial, family divorce and judicial separation cases are heard in the Circuit Court. An application may be made to transfer a case to the High [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[108],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/11467"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=11467"}],"version-history":[{"count":14,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/11467\/revisions"}],"predecessor-version":[{"id":32979,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/11467\/revisions\/32979"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=11467"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=11467"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=11467"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}