S.I. No. 159/1991 - Circuit Court Rules (No. 1) of 1991.

1. The Applicant was on the day of lawfully married to the Respondent at

2. After the marriage the Applicant lived and co-habited with the Respondent at

3. There are children of the marriage.

4. (Here set out grounds relied upon for Order of Judicial Separation.)

5. (If relief pursuant to Married Womans Status Act 1957 is sought.) Disputes have arisen between the Applicant and the Respondent herein as to the title to or as to the possession of each of the items of property described in the Appendix attached hereto. The Applicant claims to be entitled to the said property to the extent indicated in the said Appendix upon the grounds set out in the said Appendix.

6. (Here set out the grounds for any other relief sought e.g. Property Adjustment Order; Order extinguishing succession rights; Order for sale of property etc.)

And the Applicant Claims.

(

a

) A Decree of Judicial Separtion;

(

b

) (Insert specific relief sought).

Signed ________________________

Solicitor/Applicant.

APPENDIX

EXPLANATORY NOTE.

These Rules which come into operation on 1 August 1991 provide for procedures in relation to making applications to the Circuit Court under the

Judicial Separation and Family Law Reform Act, 1989

.

7. This Rule shall apply only to the Dublin Circuit. Every Application shall state the date upon which the Application shall be returned, and shall be served so as to give the Respondent at least 10 days notice of the Application before the return date.

Filing and entry.

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

Service.

9. All Applications shall be served by sending a copy of same by pre-paid 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 18 years. Service by post shall be deemed to have been effected 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.

Appearance.

10. If the Respondent intends to contest an Application he shall enter an Appearance in the Office within 10 days of service on him of the Application and serve a copy of the Appearance on the Applicant's Solicitors or where appropriate the Applicant.

Answer.

11. A Respondent shall at the same time as entering an Appearance, or within 10 days thereafter, serve an Answer setting out the grounds upon which the Respondent contests the Applicant's claim.

Provision for statement of means.

12. In cases where financial relief is sought under the Act, each party shall within 10 days of the service of the Respondent's Answer exchange Affidavits entitled "Statement of Means" setting out details of all income received, and assets owned by such party. If a party fails to supply a Statement of Means in such time or such further time as may be permitted by the Court, then such party shall not be entitled to pursue or defend such claim for financial relief, unless permitted by the Court.

Fixing of Hearing Date.

13. 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 hearing of the Application and may give such directions as he may deem expedient relating to the said Application and to the hearing thereof. 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.

Evidence.

14. Save where the Court directs otherwise, every Application under this Order shall be heard on oral evidence.

Interim and Interlocutory Applications.

15. An Application for Preliminary Orders under the Act or any other interlocutory relief shall be by Notice of Motion. In any case where the Court is satisfied that the delay caused by proceeding by Motion on Notice under this Order would or might entail serious harm or mischief, the Court may make an Order ex-parte upon such service as it shall consider just.

Costs.

16. 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.

APPENDIX I

THE CIRCUIT COURT

Record No.

Circuit

County of

Judicial Separation and Family Law Reform Act 1989

Between

Applicant

and

Respondent

DRAFT ENDORSEMENT OF CLAIM

S.I. No. 159 of 1991.

CIRCUIT COURT RULES (No. 1) OF 1991.

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 (Supplementary 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 this 15th day of April, 1991.

PETER O'MALLEY,

(Chairman of the Circuit Court Rules Committee)

FRANK SPAIN

MICHAEL A. MORIARTY

G. C. CLARKE

GORDON HOLMES

JOHN McMENAMIN

KEVIN FEENEY

MICHAEL T. NEARY,

(Secretary)

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

Dated this 21st day of June, 1991.

RAY BURKE,

Minister for Justice.

S.I. No. 159 of 1991

CIRCUIT COURT RULES (No. 1) OF 1991.