S.I. No. 84/1997 - Circuit Court Rules (No. 1) of 1997 (Judicial Separation and Family Law Reform Act, 1989 and Family Law Act, 1995 and Family Law (Divorce) Act, 1996).

1. I have discussed with the Respondent the possibility of reconciliation with the Applicant and I have given the Respondent the names and addreses of persons qualified to help effect a reconciliation between spouses who have become estranged.

[The following paragraphs to be inserted where appropriate.]

2. I have discussed with the Respondent the possibility of engaging in mediation to help effect a separation on an agreed basis (the spouses the parties hereto not being separated) or a divorce on a basis agreed between the Respondent with the Applicant and I have given the Respondent the names and addresses of persons and organisations qualified to provide a mediation service for spouses who have become estranged.

3. I have discussed with the Respondent the possibility of effecting a separation by the negotiation and conclusion of a Separation Deed or written Separation Agreement with the Applicant.

4. I have ensured that the Respondent is aware of judicial separation as an alternative to divorce, no decree of judicial separation in relation to the Respondent and the Applicant being in force.

Dated the

day of

,19 .

Signed:............................................................ ............................................................ ..........................................................

Solicitor

Address

EXPLANATORY NOTE.

These Rules which come into operation on the 27th day of February, 1997 provide for procedures in relation to making applications to the Circuit Court under the

Judicial Separation and Family Law Reform Act, 1989

, the

Family Law Act, 1995

and the

Family Law (Divorce) Act, 1996

and also specify the forms to be used for the purpose of the certificates required by

sections 5

and

6

of the

Judicial Separation and Family Law Reform Act, 1989

and

sections 6

and

7

of the

Family Law (Divorce) Act, 1996

. These Rules are in substitution for the Rules contained in the Circuit Court Rules (No. 1) of 1989 (

S.I. No. 289 of 1989

) and the Circuit Court Rules (No. 1) of 1994 (

S.I. No. 225 of 1994

) which are hereby revoked.

5. I say that my weekly outgoings amount to the sum of £ and I say that the details of such outgoings have been set out in the Fourth Schedule hereto.

6. I say that to the best of my knowledge, information and belief, all pension information known to me relevant to the within proceedings is set out in the Fifth Schedule hereto. [Where information has been obtained from the trustees of the pension scheme concerned under the

Pensions Act, 1990

, such information should be exhibited and where such information has not been obtained, the Deponent should depose to the reason(s) why such information has not been obtained].

FIRST SCHEDULE

[Here set out in numbered paragraphs all assets whether held in the Applicant/Respondent's sole name or jointly with another, whether held legally or beneficially, the manner in which the assets are held, whether they are subject to a mortgage or other charge or lien and such further and other details as are appropriate.]

SECOND SCHEDULE

[Here set out in numbered paragraphs all income from whatever source(s).]

THIRD SCHEDULE

[Here set out in numbered paragraphs all debts and/or liabilities and the persons/institutions to which such debts and/or liabilities are due.]

FOURTH SCHEDULE

[Here set out full details of weekly personal outgoings.]

FIFTH SCHEDULE

[Here full details of nature of pension scheme, benefits payable thereunder, normal pensionable age and period of reckonable service should be listed to the best of the Deponent's knowledge, information and belief.]

SWORN etc.

FORM NO. 3

AN CHUIRT TEAGHLAIGH CHUARDA

(THE CIRCUIT FAMILY COURT)

CIRCUIT

COUNTY OF

[Insert as appropriate]

IN THE MATTER OF THE

JUDICIAL SEPARATION AND FAMILY LAW REFORM ACT, 1989

IN THE MATTER OF THE

FAMILY LAW ACT, 1995

IN THE MATTER OF THE

FAMILY LAW (DIVORCE) ACT, 1996

BETWEEN

A.B.

Applicant

And

C.D.

Respondent

AFFIDAVIT OF WELFARE

I,

, [insert occupation]

, of

aged 18 years and upwards MAKE OATH and say as follows

7. On the issuing of a Family Law Civil Bill the original thereof shall be filed, together with the appropriate certificate (pursuant to section 5 of the 1989 Act or section 6 of the 1996 Act), an Affidavit of Means in the intended action sworn by the Applicant in compliance with Rules 18 and 19 hereof and, in all circumstances where there are dependent children, an Affidavit of Welfare in the intended action in compliance with Rule 20 hereof, and the County Registrar shall thereupon enter same.

Service

8. (

a

) All Family Law Civil Bills shall be served by registered post on the Respondent at his/her last known address or alternatively shall be served personally on the Respondent by any person over the age of eighteen years together with the appropriate certificate in the form set out in Forms 7 and 9 herein (pursuant to section 5 of the 1989 Act or section 6 of the 1996 Act), an Affidavit of Means in compliance with Rules 18 and 19 hereof in the form set out in Form 2 herein or such modification thereof as may be appropriate and in all cases where there are dependent children, an Affidavit of Welfare in compliance with Rule 20 hereof in the form set out in Form 3 herein. Where relief pursuant to section 12 and/or section 13 of the 1995 Act or section 17 of the 1996 Act is sought, notice thereof in accordance with Form 4 herein shall also be served on the trustees of the pension scheme in question by registered post at their registered office or other appropriate address and an Affidavit of such service shall be sworn and filed within fourteen days of service of the Civil Bill. Service shall be endorsed upon all Family Law Civil Bills in accordance with the provisions of Order 10, Rule 22 of the Circuit Court Rules, 1950, as amended. All other pleadings may be served by ordinary pre-paid post.

(

b

) In all cases in which a declaration of marital status under section 29 of the 1995 Act is sought, the Family Law Civil Bill shall, in addition to the provisions of Rule 8 (

a

) hereof, be served upon the parties to the marriage or, where no longer living, their personal representatives (all of whom shall be parties to the proceedings) and to such other persons as the Court may direct, including the Attorney General, in accordance with the provisions as to service of Family Law Civil Bills hereinbefore set out in respect of the Respondent to proceedings which said persons (excepting the Attorney General) may be made parties to the application in accordance with section 29 (6) of the 1995 Act. The Attorney General shall, however, be entitled to interplead in such proceedings.

(

c

) Where relief is sought pursuant to sections 15A or 25 of the 1995 Act or section 18 of the 1996 Act, the Family Law Civil Bill shall be served in accordance with these Rules on the personal representative of the deceased and on the spouse (if any) of the deceased and on such other person or persons as the Court shall direct.

Appearance

9. If a Respondent intends to contest the application, or participate in proceedings, or any part thereof, he/she shall enter an Appearance in the Office within 10 days of the service upon him/her of the Family Law Civil Bill and shall serve a copy of the Appearance on the Applicant's solicitors or, where appropriate, on the Applicant. The Appearance shall bear an address for service of any interlocutory applications and shall be signed by the Respondent's solicitor or, if the Respondent does not have a solicitor, by the Respondent personally.

Defence

10. (

a

) A Respondent shall at the same time as entering an Appearance, or within 10 clear days from the date of service of the Appearance, or such further time as may be agreed between the parties or allowed by the Court, file and serve a Defence, together with the appropriate certificate in the form set out in Forms 8 and 10 herein (pursuant to section 6 of the 1989 Act and section 7 of the 1996 Act), an Affidavit of Means in compliance with Rules 18 and 19 hereof and, in all cases where there are dependent children, an Affidavit of Welfare in compliance with Rule 20 hereof in the form set out in Form 3 herein, on the Applicant, or the Applicant's solicitor, if any, and on the County Registrar in the form set out in Form 2 herein or such modification thereof as may be appropriate. Where relief pursuant to section 12 and/or section 13 of the 1995 Act or section 17 of the 1996 Act is sought by way of Counterclaim, notice thereof in accordance with Form 4 herein shall also be served on the trustees of the pension scheme in question by registered post at their registered office and an Affidavit of such service shall be sworn and filed within 7 days of service of the Defence and Counterclaim.

(

b

) No Appearance or Defence shall be entered after the time specified in these Rules without the leave of the Court or of the County Registrar or the agreement of the parties, and no Defence shall be entered unless the Respondent has previously entered an Appearance as required by these Rules.

(

c

) Whether or not a Defence is filed and served in any proceedings, the Respondent shall, where appropriate, in any event be obliged to file and serve an Affidavit of Means and a Welfare Statement in accordance with these Rules of Court within 20 days after the service of the Family Law Civil Bill upon him/her subject to Rule 36 hereof.

(

d

) Without prejudice to the entitlement of the Court to permit representations in relation to the making or refusal of an attachment of earnings order at the hearing of the action, such representations for the purposes of section 8 (6) (

b

) of the 1995 Act or section 13 (6) (

b

) of the 1996 Act may be included in the Defence and for the purposes of section 10 (3) (

a

) of the

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

may be included in the Answer provided for by Rule 15 of the Circuit Court Rules (No. 6) of 1982 (

S.I. No. 158 of 1982

) and Form 9 scheduled thereto.

Motions for Judgment

11. (

a

) In any case in which a Respondent has made default in entering an Appearance or filing a Defence, as the case may be, the Applicant may, subject to the provisions of the following sub-rules of this Rule, at any time after such default, on notice to be served on the Respondent and, where relief pursuant to section 12 and/or 13 of the 1995 Act and section 17 of the 1996 Act is sought, on the trustees of the pension scheme concerned, not less than fourteen clear days before the hearing, apply to the Court for judgment in default of appearance/defence.

(

b

) No notice of motion for Judgment in default of defence shall be served unless the Applicant has, at least fourteen days prior to the service of such notice, written to the Respondent giving him/her notice of his/her intention to serve a notice of motion for Judgment in default of appearance/defence and at the same time consenting to the late filing of a Defence within fourteen days from the date of the letter.

(

c

) If no defence is delivered within the said period the Applicant shall be at liberty to serve a notice of motion for Judgment in default of defence which shall be returnable to a date not less than fourteen clear days from the date of the service of the notice, such notice of motion to be filed not later than six days before the return date.

(

d

) If, not later than seven days after the service of such notice of motion for Judgment in default of appearance/defence, the defendant delivers a Defence to the Applicant and not less than six days before the return date lodges a copy thereof in the appropriate Office with a certified copy of the said notice of motion attached thereto, the said motion for Judgment shall not be put in the Judge's List but shall stand struck out and the Respondent shall pay to the Applicant the appropriate sum for his/her costs of the said motion for Judgment.

(

e

) If in any case the Applicant can establish special reasons for making it necessary to serve a notice of motion for Judgment in default of appearance/defence in the cases provided for by this Rule with greater urgency than in accordance with the provisions hereinbefore contained, he/she may apply

ex parte

to the Court or the County Registrar for an Order giving him/her liberty to serve a notice of motion for Judgment in default of appearance/defence giving not less than four clear days' notice to the Respondent, or in the alternative the Judge or the County Registrar may deem good the service of a Notice of Motion giving not less than four clear days' notice to the Respondent.

(

f

) Upon the hearing of such application the Court may, on proof of such default as aforesaid, and upon hearing such evidence, oral or otherwise, as may be adduced, give judgment upon the Applicant's claim endorsed upon the Family Law Civil Bill, or may give leave to the Respondent to defend the whole or part of the claim upon such terms as he or she may consider just.

(

g

) Upon the hearing of an application for judgment under this Order the Court may make such order as to costs as the Court considers just.

(

h

) In any case in which the parties are agreed in respect of all of the reliefs being sought and a Defence in accordance with Rule 10 hereof has been filed and served by the Respondent which reflects this agreement, the Applicant or the Respondent may, subject to the provisions of the following sub-rules of this Rule, at any time after such Defence has been filed and served, on notice to be served on the other party and, where relief pursuant to section 12 and/or 13 of the 1995 Act and section 17 of the 1996 Act is sought, on the trustees of the pension scheme concerned, not less than fourteen clear days before the hearing, apply to the Court for judgment, the application to be by way of motion on notice.

(

i

) Upon the hearing of such application the Court may, upon hearing such evidence, oral or otherwise, as may be adduced

(i) give judgment in the terms agreed between the parties or,

(ii) give such directions in relation to the service of a Notice of Trial/Notice to fix a date for Trial as to the Court appears just.

(

j

) Upon the hearing of an application for judgment under this Order the Court may make such order as to costs as the Court considers just.

Notice of trial/Notice to fix a date for trial

12. Subject to Rule 11 (

h

), (

i

) and (

j

) herein, when a Defence has been duly entered and served, the Applicant may serve a notice of trial or a notice to fix a date for trial, as appropriate.

Notice of trial (Circuits other than Dublin Circuit)

13. Not less than ten days' notice of trial shall be served upon the Respondent and all other necessary parties and, where relief is sought under sections 12 and/or 13 of the 1995 Act or section 17 of the 1996 Act, upon the trustees of the pension scheme in question, and shall be for the Sittings next ensuing after the expiration of the time mentioned in the said notice, and same shall be filed at the appropriate Office not later than seven days before the opening of such Sittings. Such notice of trial and filing thereof shall operate to set down the action or matter (including Counterclaim if any) for hearing at the next ensuing Sittings. This Rule shall not apply to the Dublin Circuit.

Notice to fix a date for trial (Dublin Circuit)

14. This Rule shall apply only to the Dublin Circuit. Ten days' notice to fix a date for trial shall be necessary and sufficient and shall be served upon the Respondent and all other necessary parties and, where relief is sought under sections 12 and/or 13 of the 1995 Act or section 17 of the 1996 Act, upon the trustees of the pension scheme in question, and filed at the appropriate Office. Such notice to fix a date for a trial shall set out the date upon which a date for hearing shall be fixed by the County Registrar and shall operate to set down the action or matter (including a Counterclaim if any) for hearing upon such date as may be fixed by the County Registrar. A notice to fix a date for trial shall be in accordance with Form 5 herein.

Service by Respondent

15. Where the Applicant has failed to serve a notice of trial or notice to fix a date for trial, as appropriate, within ten days after the service and entry of the Defence, the Respondent may do so and may file the same in accordance with these Rules.

Joinder

16. The Court, if it considers it desirable, may order that two or more actions be tried together, and on such terms as to costs as the Court shall deem just.

Affidavits of Representation

17. (

a

) Save where the Court shall otherwise direct, any notice party, including the trustees of a pension scheme, who wishes to make representations to the Court pursuant to section 12 (18) and/or section 13 (2) of the 1995 Act or section 17 (18) of the 1996 Act shall make such representations by Affidavit of Representation to be filed and served on all parties to the proceedings within 28 days of service upon them of notice of the application for relief under section 12 and/or 13 of the 1995 Act or section 17 of the 1996 Act in accordance with Rules 8 and 10 hereof or within such time or in such manner as the Court may direct.

(

b

) Without prejudice to the entitlement of the Court to permit representations by persons having a beneficial interest in property (not being the other spouse) pursuant to section 15 (5) of the 1995 Act and section 19 (5) of the 1996 Act or by interested persons pursuant to section 15A (5) or section 25 (6) of the 1995 Act and section 18 (5) of the 1996 Act at the hearing of the action, such representations may be made by way of Affidavit of Representation to be filed and served on all parties to the proceedings as directed by the Court.

Affidavit of Means

18. Without prejudice to the right of each party to make application to the Court for an Order of Discovery pursuant to the Rules of this Honourable Court and without prejudice to the jurisdiction of the Court pursuant to section 12 (25) of the 1995 Act and section 17 (25) of the 1996 Act, in any case where financial relief under the Acts is sought, the parties shall file Affidavits of Means in accordance with Rules 7 and 10 hereof in respect of which the following Rules shall be applicable—

(

a

) either party may request the other party to vouch any or all items referred to therein within 14 days of the request;

(

b

) in the event of a party failing to properly comply with the provisions in relation to the filing and serving of Affidavits of Means as set down in these Rules or failing to properly vouch the matters set out therein the Court may on application grant an Order for Discovery and/or may make such Orders 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 reliefs under the Acts save as permitted by the Court upon such terms as the Court may determine are appropriate and/or adjourning the proceedings for a specified period of time to enable compliance) and furthermore and/or in the alternative relief pursuant to section 38 (8) of the 1995 Act or section 38 (7) of the 1996 Act may be sought in accordance with Rule 24 hereof.

19. The Affidavit of Means shall set out in schedule form details of the party's income, assets, debts, expenditure and other liabilities wherever situated and from whatever source and, to the best of the deponent's knowledge, information and belief the income, assets, debts, expenditure and other liabilities wherever situated and from whatever source of any dependent member of the family and shall be in accordance with the form set out in Form 2 herein or such modification thereof as may be appropriate. Where relief pursuant to section 12 of the 1995 Act is sought, the Affidavit of Means shall also state to the best of the deponent's knowledge, information and belief, the nature of the scheme, the benefits payable thereunder, the normal pensionable age and the period of reckonable service of the member spouse and where information relating to the pension scheme has been obtained from the trustees of the scheme under the Pensions Acts 1990-1996, such information should be exhibited in the Affidavit of Means and where such information has not been obtained a specific averment shall be included in the Affidavit of Means as to why such information has not been obtained.

Affidavit of Welfare

20. An Affidavit of Welfare shall be in the form set out in Form 3 herein. In circumstances 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 for in Form 3 herein. In circumstances in which the Respondent disagrees with the Affidavit of Welfare filed and served by the Applicant, a separate Affidavit of Welfare, including the schedule provided for in the form set out in Form 3 herein shall be sworn, filed and served by the Respondent in accordance with Rule 10 hereof.

Counterclaims

21. Save where otherwise directed by the Court, a Counterclaim, if any, brought by a Respondent shall be included in and served with the Defence, in accordance with the provisions of these Rules relating thereto, and shall, in particular, set out in numbered paragraphs

(

a

) in the case of an application for a decree of divorce

(i) the facts specified at Rule 5 (

a

) hereof in like manner as in the Family Law Civil Bill;

(ii) outline the ground(s) for a decree of divorce, if sought;

(iii) specify any ground upon which the Respondent intends to rely in support of any ancillary relief claimed; and

(iv) the relief sought pursuant to the 1996 Act;

(

b

) in the case of an application for a decree of judicial separation

(i) the facts specified at Rule 5 (

b

) hereof in like manner as in the Family Law Civil Bill;

(ii) outline the ground(s) for a decree of judicial separation, if sought;

(iii) specify any additional ground upon which the Respondent intends to rely in support of any ancillary relief claimed; and

(iv) the relief sought pursuant to the 1995 Act;

(

c

) in the case of an application for relief after divorce or separation outside the State

(i) the facts specified at Rule 5 (

c

) hereof in like manner as in the Family Law Civil Bill;

(ii) specify any additional ground upon which the Respondent intends to rely in support of any ancillary relief claimed; and

(iii) the relief sought pursuant to the 1995 Act;

(

d

) in the case of an application for a decree of nullity

(i) outline the ground(s) for a decree of nullity, if sought;

(ii) specify any additional ground upon which the Respondent intends to rely in support of any relief claimed; and

(iii) the relief sought (including whether or not a declaration relating to the custody of a dependent member of the family pursuant to section 46 of the 1995 Act is being sought) and any additional issues to be tried;

(

e

) in the case of an application for a Declaration of Marital Status

(i) the facts specified at Rule 5 (

e

) hereof in like manner as in the Family Law Civil Bill;

(ii) specify any additional ground upon which the Respondent intends to rely in support of any relief claimed; and

(iii) the relief sought pursuant to the 1995 Act;

(

f

) in the case of an application for the determination of property issues between spouses, pursuant to section 36 of the 1995 Act/formerly engaged couples pursuant to section 44 of the 1996 Act

(i) the facts specified at Rule 5 (

f

) hereof in like manner as in the Family Law Civil Bill;

(ii) specify any additional ground upon which the Respondent intends to rely in support of any relief claimed; and

(iii) the relief sought pursuant to the 1995 Act;

and shall be in the form set out in Form 6 herein or such modification thereof as may be appropriate.

Evidence

22. Save where the Court otherwise directs and subject to Rules 17, 23 or 26 hereof, every Application under this Order shall be heard on oral evidence, such hearings to be held in camera.

23. Nothwithstanding the provisions of Rule 22 hereof, where relief pursuant to section 12 of the 1995 Act or section 17 of the 1996 Act is sought by the Applicant or the Respondent, evidence of the actuarial value of a benefit under the scheme (as defined in section 12 (1) of the 1995 Act and section 17 (1) of the 1996 Act) may be by Affidavit filed on behalf of the Applicant/Respondent, such Affidavit to be sworn by an appropriate person and served on all parties to the proceedings and filed at least 14 days in advance of the hearing and subject to the right of the Respondent/Applicant to serve Notice of cross-examination in relation to same. Where one of the parties has adduced evidence of the actuarial value of a benefit by Affidavit as provided for herein and the other party intends to adduce similar or contra oral evidence, notice of such intention shall be served by the disputing party upon all other parties at least 10 days in advance of the hearing.

Interim and Interlocutory Applications

24. (

a

) An application for Preliminary Orders pursuant to section 6 of the 1995 Act or section 11 of the 1996 Act or for maintenance pending suit/relief pursuant to section 7 or section 24 of the 1995 Act or section 12 of the 1996 Act or for information pursuant to section 12 (25) of the 1995 Act of section 17 (25) of the 1996 Act or for relief pursuant to section 35 of the 1995 Act or section 37 of the 1996 Act or for relief pursuant to section 38 (8) of the 1995 Act or section 38 (7) of the 1996 Act or for a report pursuant to section 47 of the 1995 Act or section 42 of the 1995 Act or for any other interlocutory relief shall be by Notice of Motion to be served upon the parties to the proceedings and, in the case of applications pursuant to section 12 (25) of the 1995 Act or section 17 (25) of the 1996 Act, upon the trustees of the pension scheme concerned.

(

b

) Prior to any interlocutory application for discovery or for information pursuant to section 12 (25) of the 1995 Act or section 17 (25) of the 1996 Act being made, the information being sought shall be requested in writing voluntarily at least 14 days prior to the issuing of the motion for the relief concerned and upon failure to make such a request, the judge may adjourn the motion or strike out the motion or make such other order, including an order as to costs, as to the Court may appear appropriate.

(

c

) An application for alimony pending suit in nullity proceedings shall be by Notice of Motion grounded upon Affidavit setting out the assets, liabilities, income, debts and expenditure of the Applicant for alimony and, in so far as same is known to the Applicant, the assets, liabilities, income, debts and expenditure of the Respondent to the said Motion. In every case in which the Respondent wishes to defend such an application for alimony, the Respondent shall file a replying Affidavit setting out details of his assets, liabilities, income, debts and expenditure.

(

d

) Applications for the appointment of medical and/or psychiatric inspectors in respect of the Applicant and/or the Respondent shall be made by Motion on Notice to the other party and such Motion shall be issued not later than 14 days after the elapsing of the times for the entry of an Appearance and delivery of a Defence save with the leave of the Court or the County Registrar. Where medical and/or psychiatric inspectors are appointed by the Court or the County Registrar, the solicitors for the parties shall attend with the parties on the appointed day at the place in which the inspection is to take place for the purpose of identifying the parties to the County Registrar or his/her nominee. In any circumstances in which a party is unrepresented, appropriate photographic proof of identity must be produced sufficient to satisfy the County Registrar or his/her nominee of the identity of the party concerned. No inspection shall be carried out unless the procedures contained herein are satisfied. Upon completion of the inspection, a report thereof shall be sent by the inspector directly to the County Registrar for the County in which the proceedings have issued.

(

e

) 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

as it shall consider just. Urgent applications under this Rule may be made to a Judge at any time or place approved by him, by arrangement with the County Registrar for the County in question.

(

f

) Interim and interlocutory applications shall where appropriate be made to the County Registrar in accordance with the Second Schedule to the

Courts and Court Officers Act, 1995

and Orders 15 and 16 of the Circuit Court Rules, 1950, as amended.

25. If on the date for hearing of any application under this Order the matter is not dealt with by the Court for any reason, and, in particular, on foot of an adjournment sought by either party, the other party, whether consenting to the adjournment or not, may apply for, and the Court may grant, such interim or interlocutory relief as to it shall seem appropriate without the necessity of service of a Notice of Motion.

26. Any interim or interlocutory application shall be heard on Affidavit, unless the Court otherwise directs, save that the Deponent of any Affidavit must be available to the Court to give oral evidence or to be cross-examined as to the Court shall seem appropriate, save that a Motion for Discovery and a Motion in the course of nullity proceedings for the appointment of medical/psychiatric inspectors shall be heard on a Notice of Motion only. Where any oral evidence is heard by the Court in the course of such applications

ex parte

, a note of such evidence shall be prepared by the Applicant or the Applicant's solicitor and approved by the judge and shall be served upon the Respondent forthwith together with a copy of the Order made (if any), unless otherwise directed by the Court

Further relief and applications on behalf of dependent persons

27. (

a

) Where either party or a person on behalf of a dependent member of the family wishes at any time after the hearing of the application to seek further relief as provided for in the 1995 Act or the 1996 Act or to vary or discharge an Order previously made by the Court, that party shall issue a Notice of Motion to re-enter or to vary or discharge as the case may be grounded upon an Affidavit seeking such relief. Such Motions shall be subject to the provisions of Rules 8, 17, 18, 19, 22 and 23 hereof, as appropriate.

(

b

) Where a person on behalf of a dependent member of the family wishes to make application for ancillary reliefs at the hearing of the action, such application shall be by way of Notice of Motion to be served on all other parties to the proceedings setting out the reliefs sought grounded on Affidavit which said Motion shall be listed for hearing on the same date as the hearing of the action contemporaneously therewith. Such Motions shall be subject to the provisions of Rules 8, 17, 18, 19, 22 and 23 hereof, as appropriate.

28. Where any party to proceedings for a declaration under section 29 of the 1995 Act alleges that the marriage in question was void or voidable and the Court decides to treat the application as one for annulment of the marriage, the provisions of these Rules in relation to the procedures applicable to decrees of nullity may be adapted in such manner as the Court shall direct.

Relief under section 33 of the 1995 Act

29. Applications under section 33 of the 1995 Act for an order or orders exempting the marriage from the application of section 31 (1) (

a

) or section 32 (1) (

a

) of the 1995 Act may be made ex parte by the parties where both are over the age of 18 years, by the legal guardians of the parties to the intended marriage where both are under the age of 18 years or, where one of the parties is over the age of 18 years, by that party and the legal guardian or guardians of the other party, and further, where deemed appropriate by the Court, a guardian or guardians

ad litem

may be appointed by the Court to represent either or both of the parties. Such applications may be grounded upon Affidavit or upon oral evidence given by or on behalf of the parties, as the Court may direct, which evidence shall set out the reasons justifying the exemption and the basis upon which it is claimed that the application is in the interests of the parties to the intended marriage.

Applications under

section 8

of the

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

(as amended) (hereinafter "the 1976 Act")

30. Applications pursuant to

section 8

of the

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

may be by way of originating Notice of Motion, grounded upon Affidavit.

31. For the purposes of Rule 30 hereof, the Notice of Motion shall be entitled in the matter of the 1976 Act (as amended) and shall state the relief sought (including whether or not relief pursuant to section 8B of the 1976 Act, as inserted by section 43 of the 1995 Act is sought); state the name and place of residence or address for service of the Applicant; the date upon which it is proposed to apply to the Court for relief and shall be filed in the appropriate Office.

32. For the purposes of Rule 30 hereof, without prejudice to the jurisdiction of the Court to make an Order for substituted service, the Motion shall be served by registered post on the Respondent at his last-known address or alternatively shall be served personally on the Respondent by any person over the age of eighteen years. Where relief pursuant to section 8B of the 1976 Act is sought, the Motion shall be served upon the trustees of the pension scheme also. There must be at least ten clear days between the service of the Notice and the day named therein for the hearing of the Motion.

33. (

a

) Subject to the right of the Court to give such directions as it considers appropriate or convenient, evidence at the hearing of the Motion under Rule 30 shall be by Affidavit.

(

b

) Any Affidavit to be used in support of the Motion shall be filed in the appropriate Office and a copy of any such Affidavit shall be served with the Notice. Any Affidavit to be used in opposition to the application shall be filed in the appropriate Office and served upon the Applicant and, where relief pursuant to section 8B of the 1976 Act is sought, upon the trustees of the pension scheme by the Respondent following the service on him of the Applicant's Affidavit and any Affidavit of Representation to be used by the trustees of the pension scheme shall be filed in the appropriate Office and served upon the Applicant and the Respondent.

34. The plaintiff in proceedings wherein it is sought to have a conveyance declared void pursuant to the provisions of

section 3

of the

Family Home Protection Act, 1976

(as amended by

section 54

of the

Family Law Act, 1995

) (which said proceedings shall be instituted by way of Equity Civil Bill seeking declaratory relief) shall forthwith and without delay following the institution of such proceedings cause relevant particulars of the proceedings to be entered as a

lis pendens

upon the property and/or premises in question under and in accordance with the Judgments (Ireland) Act, 1844.

35. (

a

) The costs as between party and party may be measured by the Judge, and if not so measured shall be taxed, in default of agreement by the parties, 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.

(

b

) Where necessary, the Court may make an order determining who shall bear any costs incurred by trustees of a pension scheme pursuant to section 12 (22) of the 1995 Act or section 17 (22) of the 1996 Act and in making such determination the Court shall have regard,

inter alia

, to the representations made by the trustees pursuant to Rule 17 hereof, if any.

General

36. The Court may, upon such terms (if any) as it may think reasonable, enlarge or abridge any of the times fixed by these Rules for taking any step or doing any act in any proceeding, and may also, upon such terms as to costs or otherwise as it shall think fit, declare any step taken or act done to be sufficient, even though not taken or done within the time or in the manner prescribed by these Rules.

Certificates

37. (

a

) The Certificate required by section 5 of the 1989 Act shall be in accordance with Form No. 7 in the Schedule attached hereto.

(

b

) The Certificate required by section 6 of the 1989 Act shall be in accordance with Form No. 8 in the Schedule attached hereto.

(

c

) The Certificate required by section 6 of the 1996 Act shall be in accordance with Form No. 9 in the Schedule attached hereto.

(

d

) The Certificate required by section 7 of the 1996 Act shall be in accordance with Form No. 10 in the Schedule attached hereto.

Service of orders by the Registrar of the Court

38. In all circumstances in which the Registrar of the Court and/or the County Registrar is required to serve or lodge a copy of an order upon any person(s) or body such service of lodgment shall be satisfied by the service of a certified copy of the said order by registered post to the said person(s) or body.

SCHEDULE

FORM NO. 1

AN CHUIRT TEAGHLAIGH CHUARDA

(THE CIRCUIT FAMILY COURT)

CIRCUIT

COUNTY OF

[Insert as appropriate]

IN THE MATTER OF THE

JUDICIAL SEPARATION AND FAMILY LAW REFORM ACT, 1989

IN THE MATTER OF THE

FAMILY LAW ACT, 1995

IN THE MATTER OF THE

FAMILY LAW (DIVORCE) ACT, 1996

BETWEEN

A.B.

Applicant

And

C.D.

Respondent

FAMILY LAW CIVIL BILL

INDORSEMENT OF CLAIM

YOU ARE HEREBY REQUIRED within ten days after the service of this Civil Bill upon you, to enter, or cause to be entered with the County Registrar, at his or her Office at ............................................................ .........

an Appearance to answer the Claim of............................................................ ............................................................ ..

of............................................................ ............................ in the County of ............................................................ ......

the Applicant herein as indorsed hereon.

AND TAKE NOTICE THAT unless you do enter an Appearance, you will be held to have admitted the said claim and the Applicant may proceed therein and judgment may be given against you in your absence without further notice.

AND FURTHER TAKE NOTICE THAT if you intend to defend the proceedings on any grounds, you must not only enter an Appearance as aforesaid, but also within ten days after the Appearance deliver a statement in writing showing the nature and grounds of your Defence.

The Appearance and Defence may be entered by posting same to the said Office and by giving copies to the Applicant and his/her Solicitor by post.

Dated the

day of

19 .

To: The Respondent

Signed:............................................................ ............................................................ ......................................................

Applicant/Solicitor for the Applicant

[Here set out in numbered paragraphs details of the relief(s) being claimed by the Applicant specifying the matters required by Rule 5 of these Rules.]

AND THE APPLICANT CLAIMS

[Here set out in numbered paragraphs the reliefs (including decrees and declarations) being claimed pursuant to the 1989 Act, the 1995 Act or the 1996 Act specifying, where appropriate, the statutory basis upon which each such relief is sought].

AND FURTHER TAKE NOTICE that, in any cases where financial relief is sought by either party yoy must file with the Defence herein or in any event within 20 days after the service of this Civil Bill upon you at the aforementioned Circuit Court Office an Affidavit of Means and, where appropriate, an Affidavit of Welfare in the Manner prescribed by the Rules of this Court and serve a copy of same as provided by the Rules of this Court on the Applicant or his/her Solicitor at the address provided below.

Dated the

day of

19 .

The address for service of proceedings upon the Applicant is as follows

(here insert address of Applicant or his/her Solicitor)

Signed:............................................................ ............................................................ ..........................................................

Applicant or Solicitor for the Applicant

To: The Registrar Circuit Family Court

Address

and

To: Respondent or Solicitor for Respondent

Address

TAKE NOTICE that it is in your interest to have legal advice in regard to these proceedings. If you cannot afford a private solicitor, you may be entitled to legal aid provided by the State at a minimum cost to you. Details of this legal aid service are available at the following address

Legal Aid Board,

St. Stephen's Green House,

Dublin 2.

Telephone No. (01) 6615811

where you can obtain the addresses and telephone numbers of the Legal Aid Centres in your area.

FORM NO. 2

AN CHUIRT TEAGHLAIGH CHUARDA

(THE CIRCUIT FAMILY COURT)

CIRCUIT

COUNTY OF

[Insert as appropriate]

IN THE MATTER OF THE

JUDICIAL SEPARATION AND FAMILY LAW REFORM ACT, 1989

IN THE MATTER OF THE

FAMILY LAW ACT, 1995

IN THE MATTER OF THE

FAMILY LAW (DIVORCE) ACT, 1996

BETWEEN

A.B.

Applicant

And

C.D.

Respondent

AFFIDAVIT OF MEANS

I,

, [insert occupation]

, of

aged 18 years and upwards MAKE OATH and say as follows

S.I. No. 84 of 1997.

CIRCUIT COURT RULES (No. 1) OF 1997 (JUDICIAL SEPARATION AND FAMILY LAW REFORM ACT, 1989 AND FAMILY LAW ACT, 1995 AND FAMILY LAW (DIVORCE) ACT, 1996).

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 this 27th day of January, 1997.

Signed: Frank Spain

(Chairman of the Circuit Court Rules Committee)

Kieran O'Connor

Esmonde Smyth

Anne Dunne

Fergal Foley

Gerard J. Doherty

Joe Deane

Michael Quinlan (Secretary)

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

Dated this 17th day of February, 1997.

Signed: NORA OWEN,

Minister for Justice.

S.I. No. 84 of 1997.

CIRCUIT COURT RULES (No. 1) 1997 (JUDICIAL SEPERATION AND FAMILY LAW REFORM ACT, 1989 AND

FAMILY LAW ACT, 1995

AND

FAMILY LAW (DIVORCE) ACT, 1996

).