S.I. No. 158/1982 - Circuit Court Rules (No. 6) 1982.

1. The Plaintiff was on the day of lawfully married to the Defendant at the Church of at

2. The Plaintiff and the Defendant are respectively domiciled in Ireland and were at the date of the marriage domiciled in

3. After the marriage the Plaintiff lived and cohabited with the Defendant at (and at ) and there were children of the marriage.

4. *On the day of and other days between that day and the Defendant at in the County of and at other places at present unknown particularly to the Plaintiff committed adultery with E.F.

*(Complete 4. if adultery is alleged)

5. **During the months of and the Defendant frequently visited the said E.F. at and on various of such occasion committed adultery with the said E.F.

**(Complete 5. if adultery is alleged and if relevant)

6. (Insert here any other grounds which may be relied upon for Divorce

a Mensa et Thoro

setting out in detail the grounds relied upon.)

7. The Plaintiff resides at

and the Defendant resides at

The Plaintiff's claim is for

A. An Order for Divorce

a

Mensa et Thoro

.

B. The Payment by the Defendant to the Plaintiff of alimony.

C. Further and other relief.

Signed ............................................................ .

Plaintiff or Solicitor for Plaintiff.

EXPLANATORY NOTE

These rules, which came into effect on 28 May, 1982 provide for the procedures to be followed in applications under the

Married Women's Status Act, 1957

, the

Guardianship of Infants Act, 1964

, the

Illegitimate Children (Affiliation Orders) Act, 1930

and the

Family Law (Maintenance of Spouses and Children) Act, 1976

and in proceedings for divorce

a mensa et thoro.

8. All applications under section 3 (1) and under section 5 (1) of the Affiliation Act shall be brought in accordance with form No. 6 and form No. 7 respectively in the Schedule of Forms or such modification thereof as may be appropriate in the circumstances.

Affidavit to be Filed before making or Service of Affiliation Application

9. The making and service of an Application under section 3 (1) of the Affiliation Act shall be preceded by the filing of an Affidavit made by the Applicant verifying the facts of which the Applicant has personal knowledge and deposing as to belief in the truth of the other facts alleged in the Application. The Applicant's Affidavit shall further state that no collusion or connivance exists between the Applicant and any other party to the Application.

Signatures to Application

10. All Applications under this Order shall be dated and shall bear the name, address and description of the Applicant and shall be signed by his Solicitor, if any, or if none, by himself.

Return Date

11. This Rule shall not apply to Dublin. Every Application shall state the date upon which the Application shall be returned which shall be the date of commencement of the Sittings or such other date as the County Registrar shall provide and shall be served so as to give the Respondent at least four clear days' notice of the Application before the return date.

Return Date (Dublin)

12. This Rule shall apply only to the Dublin Circuit. Every Application shall state the date on which the Application shall be returned and shall be served so as to give the Respondent at least four clear days' notice of the making of the application before such return date.

Filing

13. On the issuing of an Application, a copy thereof shall be filed and the County Registrar shall thereupon enter the same.

Service

14. All Applications shall be served by sending a copy of the same by prepaid ordinary post addressed to the Respondent at his last known place of residence, or alternatively, may be served personally on the Respondent by any person over the age of 21 years. Service by post shall be deemed to have been affected on the second day following the day of posting. An Affidavit of Service of every Application shall be sworn and shall be filed before the return date.

Answer

15. If the Respondent wishes to dispute, wholly or partly, the claim of the Applicant, he shall within four days after the service on him of the Application or within such further time as the Court may allow, serve upon the Applicant or his solicitor an Answer in the appropriate form in the Schedule of Forms hereto or such modification thereof as may be appropriate, and such answer shall be filed at the Office within two days after the service thereof.

Directions Etc.

16. If the Judge is satisfied that an application is ready for hearing on the return date fixed therefor, he may hear the same on that day. If the application is not heard on that day, the Judge may adjourn the same to a further date for mention or may fix the date for the hearing of the same and may give such direction as he may deem expedient relating to the said application and to the hearing thereof, including but not limited to the giving of particulars, the serving and filing of an answer, and the swearing of Affidavits. In the case of non-compliance with any such directions, the Judge who made the same or the Judge who hears the application may deal with the matter as to him shall seem right.

Hearing

17. Save where the Court directs otherwise, every application under this Order shall be heard on oral evidence. Every application shall be heard otherwise than in open Court.

Joinder of Applications

18. Any application under this Order may be brought together with and on the same form of Application as any other application under this Order or where appropriate under the Family Law (Protection of Spouses & Children) Act, 1981. Any application under this Order may be listed and heard together with an action for divorce

a mensa et thoro

under Section 7 of the Matrimonial Causes & Marriage Law (Ireland) Amendment Act, 1870.

Costs

19. The costs as between party and party may be measured by the Judge and if not so measured shall be taxed by the County Registrar according to such scale of costs as may be prescribed. Any party aggrieved by such taxation may appeal to the Court and have the costs reviewed by it.

ORDER 69

MATRIMONIAL CAUSES AND MARRIAGE LAW (IRELAND) AMENDEMNT ACT, 1870

S.I. No. 158 of 1982.

CIRCUIT COURT RULES (No. 6) 1982.

WE, THE CIRCUIT COURT RULES COMMITTEE, constituted pursuant to the provisions of

Section 69

of the

Courts of Justice Act, 1936

, and

Section 12

of the

Courts of Justice Act, 1947

, by virtue of the Powers conferred on us by

Section 66

of the

Courts of Justice Act, 1924

, and

Section 70

of the

Courts of Justice Act, 1936

(as applied by

Section 48

of the

Courts (Supplemental Provisions) Act, 1961

) and

Section 27

of the

Courts (Supplemental Provisions) Act, 1961

, and of all other powers enabling us in this behalf, do hereby, with the concurrence of the Minister for Justice, make the annexed Rules of Court.

Dated the 10th day of May, 1982.

THOMAS J.NEYLON,

FRANK MARTIN,

HUGH GEOGHEGAN,

ERNEST J. MARGETSON,

MICHAEL T. NEARY, Secretary.

I concur in the making of the annexed Rules of Court.

Dated the 27th day of May, 1982.

SEÁN DOHERTY

Minister for Justice

S.I. No. 158 of 1982.

CIRCUIT COURT RULES (No. 6) 1982