S.I. No. 348/2011 - Rules of the Superior Courts (Civil Partnership and Cohabitation) 2011.

1. I am the employer of the maintenance debtor in the above entitled proceedings (or a trustee of a pension scheme under which the maintenance debtor is receiving periodical pension benefits).

2. I certify the following particulars of the maintenance debtor

FIRST SCHEDULE

Name and address of Employer(s).............................................

(or trustees).................................................................................

Commencement date..

Nature of work..........................................................................

Place of Work..............................................................................

Weekly earnings.......................................................................

Expected changes to weekly earnings.......................................

Employee/contractor identification number/code (if any)

of the maintenance debtor...........................................................

P.P.S. number of the maintenance debtor...........................................................................

Dated: 20

Signed ______________

*For civil partnership law proceedings

**For cohabitation proceedings

FORM No. 4

O. 70B, rr, 7(1), 8(3), 16(5)

THE HIGH COURT

CIVIL PARTNERSHIP

[

or, as the case may be

, COHABITATION]

IN THE MATTER OF SECTION OF THE CIVIL PARTNERSHIP AND CERTAIN RIGHTS AND OBLIGATIONS OF COHABITANTS ACT 2010

BETWEEN/

A.B.

Applicant

and

C.D.

Respondent

NOTICE TO TRUSTEES

TAKE NOTICE that relief has been claimed by the applicant/respondent in the above entitled proceedings pursuant to the

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

and in particular in relation to................. [

here insert details of pension in respect of which relief is claimed

].

AND FURTHER TAKE NOTICE that

†any representations to be made to the Court may be made by way of affidavit of representation to be filed and served on all parties herein within 28 days of the date of service of this notice upon you

†a request will be made to the court for you to provide the calculations referred to in section *126(2) **section 192 of the said Act.

Dated the........... day of......... 20.......

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

Solicitors for the Applicant/Respondent

To: The Trustees of the pension scheme concerned

and

To: Applicant/Respondent [

or solicitors where appropriate

]

†Delete where inapplicable

*For civil partnership law proceedings

**For cohabitation proceedings

EXPLANATORY NOTE

(This does not form part of the instrument and does not purport to be a legal interpretation.)

These rules insert a new Order 70B in the Rules of the Superior Courts, to prescribe the procedure in respect of civil partnership law proceedings, as defined in

section 139

of the

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

, and proceedings under Part 15 of that Act ("cohabitation proceedings"), and make amendments to the rules concerning priorities of entitlement to a grant of letters of administration intestate in consequence of amendments to the

Succession Act 1965

effected by the 2010 Act.

3. I say that I have set out in the Second Schedule all income which I receive, including any income or benefits to which I am entitled by or under statute, and the source(s) of such income, and details of my current employment and employment prospects.

4. I say that I have set out in the Third Schedule all my debts, liabilities, financial obligations and financial responsibilities and, where relevant, the persons to whom such debts and liabilities are due.

5. I say that details of my regular outgoings have been set out in the Fourth Schedule.

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. [

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, property and financial resources whether held in the applicant’s/respondents 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 the deponent’s income including any income or benefits to which the deponent is entitled by or under statute, and the source(s) of all such income, and details of the deponent’s current employment, if any, and future employment prospects

].

THIRD SCHEDULE

[

Here set out in numbered paragraphs all debts, liabilities, obligations and responsibilities of the deponent and, where relevant, the person to whom each such debt, liability, financial obligation or financial responsibility is due

].

FOURTH SCHEDULE

[

Here set out full details of regular personal outings

].

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 deponents knowledge, information and belief

].

SWORN etc.

FORM No. 2

O. 70B, rr, 6(6), 16(5)

THE HIGH COURT

CIVIL PARTNERSHIP

[

or, as the case may be

, COHABITATION]

IN THE MATTER OF PARAGRAPH (a) OF SECTION *56(1) **179(1) OF THE CIVIL PARTNERSHIP AND CERTAIN RIGHTS AND OBLIGATIONS OF COHABITANTS ACT 2010

BETWEEN/

A.B.

Applicant /Maintenance Creditor

and

C.D.

Respondent /Maintenance Debtor

STATEMENT AS TO EARNINGS

I,...................., ............... [

insert occupation

], of.............., aged 18 years and upwards say as follows:—

7. (1) An applicant who seeks an order under the Act affecting a pension in any way shall give notice to the trustees of the pension scheme concerned in the Form No. 4 in Appendix II informing them of the application.

(2) A calculation provided by such trustees in accordance with section 126(2) of the Act shall be certified by a person duly authorised in that behalf by the trustees, but need not be verified on affidavit unless so required by one of the parties.

(3) The trustees may, if they consider it necessary, file an Affidavit of Representations.

Motion for Directions

8. (1) An applicant or respondent may, at any stage, bring a motion for directions to the Court

(

a

) where there are any dependent children of either civil partner who are sui juris and whose welfare or position is or is likely to be affected by the determination of the proceeding or of any issue in the proceedings;

(

b

) where an order is sought concerning the sale of any property in respect of which any other party has or may have an interest;

(

c

) where an order of any type is sought which will affect the rules of a pension scheme or require non-compliance therewith; or

(

d

) where an application is brought seeking provision out of the estate of a deceased civil partner,

or where the Court in any other case directs.

(2) The notice of motion for directions shall be grounded upon the affidavit of the moving party which shall, in particular, identify the party or person whose interests are or are likely to be affected by the determination of the proceeding or any issue in the proceeding and who ought to be put on notice of the said proceeding and given an opportunity of being heard.

(3) The Court may, upon such motion or of its own motion, make such order or give such direction pursuant to section 141 of the Act as appears appropriate and may, where any order affecting the rules of a pension scheme is sought, direct that further notice be given to the trustees of such pension scheme in accordance with the Form No. 4 in Appendix II or in such variation thereof as the Court may direct, as appropriate.

(4) Save where the Court shall otherwise direct, a notice party who wishes to make representations to the Court shall make such representations by affidavit which shall be filed and served on all parties to the proceeding within 28 days of service upon them of the notice of application for relief or within such further time as the Court may direct.

9. The Court may, at any stage, direct that the parties to any proceeding exchange pleadings in relation to all or any of the issues arising in the proceeding between the parties or between the parties or any of them and any third party on such terms as appears appropriate and may give such directions in relation to the matter as appear necessary.

Hearing

10. (1) Save where the Court otherwise directs, the hearing of any interim or interlocutory application brought under the Act shall be on the affidavits of the parties subject to the right of the parties to seek to cross examine the opposing party on their affidavit. Any party may serve a notice to cross examine in relation to the deponent of any affidavit served on him.

(2) Save where the court otherwise directs the hearing of any application under the Act shall be on the oral evidence of the parties.

(3) Where relief is sought by the applicant or the respondent pursuant to section 121 of the Act (or under section 48 of the Act where the agreement involves a pension adjustment), any evidence of the actuarial value of the benefit under the scheme considered necessary in addition to the calculation supplied under section 126(2) of the Act shall be by affidavit filed on behalf of the applicant or respondent as the case may be. Such affidavit on behalf of a moving party shall be sworn and served on all parties to the proceeding and filed at least 28 days in advance of the hearing and subject to the right to serve notice of cross examination in relation to the affidavit. When one of the parties has adduced evidence of the actuarial value of the benefit by such affidavit which the other party intends to dispute, he shall do so by affidavit which shall be filed at least 14 days in advance of the hearing, subject to the right to serve notice of cross examination in relation to same.

11. Where any relief is sought which has not been specifically claimed, the Court may adjourn the proceedings to allow such amendments to the civil partnership summons as may be necessary and upon such terms and conditions as it seems fit.

12. An application to remit or transfer civil partnership law proceedings pending before the Court to the Circuit Court or the District Court under section 25 of The

Courts of Justice Act 1924

and

section 11

of the

Courts of Justice Act 1936

may be made by motion on notice at any time after an appearance has been entered.

13. In any civil partnership law proceeding which has been transferred to the High Court pursuant to section 140(5) or section 140(7) of the Act, the applicant and the respondent shall each within fourteen days from the making of the order or such further time as the Master may allow, file in the Central Office an affidavit or supplemental affidavits as shall appear necessary to conform to the requirements of this Order as if the proceeding had commenced in the High Court, together with certified copy of the order transferring the same and the proceeding shall thereupon be listed for hearing.

14. An application under section 131 of the Act shall be made to the Court by motion in the proceeding on notice to the party concerned and shall be supported by an affidavit verifying the same and shall set out fully how, when and in what respect circumstances have changed or what new evidence exists as a result of which the Court should vary or discharge or otherwise modify in any respect an order to which the section applies.

15. Where civil partnership law proceedings seeking other relief are in being between the parties, an application under section 137 of the Act may, at any time, be made to the Court by motion on notice in the proceeding to the party concerned and shall be supported by an affidavit verifying the facts alleged in relation to the disposition complained of and shall specify the relief claimed and the way in which the disposition is said to be intended to defeat the relief claimed or to affect it in any way and the Court may make such order upon such motion as appears proper in the circumstances and may, if necessary, adjourn the motion in order to give notice of the application to any party affected by the disposition complained of or the disposal of the property concerned.

III. Cohabitation proceedings

Commencement of cohabitation proceedings

16. (1) Proceedings under Part 15 of the Act, including any proceedings transferred to the High Court under section 196(6) of the Act, shall be known as “cohabitation proceedings” and this rule and rules 17 to 19 inclusive shall apply to all such proceedings.

(2) Cohabitation proceedings for any one or more orders under sections 174, 175, 187 and 194 of the Act shall be commenced by special summons, which shall be a cohabitation summons.

(3) All cohabitation proceedings shall be entitled

“THE HIGH COURT

COHABITATION

In the matter of section of the

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

(or as the case may be)

Between/

A.B., Applicant

and

C.D., Respondent”

(4) The endorsement of claim shall be entitled “Special Endorsement of Claim” and shall state specifically, with all necessary particulars, the relief sought and each section of the Act under which the relief is sought and the grounds upon which it is sought.

(5) The provisions of rule 5 and rules 7-14 inclusive shall apply

mutatis mutandis

in cohabitation proceedings and in particular shall apply in such proceedings as if reference in any of those rules to a “civil partner” were reference to a “cohabitant” and as if the reference in any of those rules to a provision of the Act mentioned in column (1) of the table to this sub-rule were a reference to the provision of the Act in column (2) of that table immediately opposite.

Column (1)

Column (2)

Provision of the Act in civil partnership law proceedings

Corresponding provision of the Act in cohabitation proceedings

section 56(1)

section 179(1)

section 121

section 187

section 126(2)

section 192

section 131

section 173(6)

section 140(5)

section 196(6)

section 142

section 197

Verification of claim

17. (1) In any proceedings pursuant to rule 16(2), an affidavit verifying the proceedings or in reply thereto (in this rule, the “affidavit”) shall contain one or more of the particulars set out in this rule, where applicable.

(2) In any such proceedings, the affidavit shall include

(

a

) particulars of the duration of the relationship between the parties and of the duration of their cohabitation;

(

b

) particulars of the basis on which the parties live or lived together;

(

c

) the degree of financial dependence of either party on the other and any agreements in respect of their finances;

(

d

) particulars of the degree and nature of any financial arrangements between the parties including any joint purchase of an estate or interest in land or joint acquisition of personal property;

(

e

) whether there are one or more dependent children of either or both parties;

(

f

) whether one of the parties cares for and supports any child of the other;

(

g

) the degree to which the parties present themselves to others as a couple;

(

h

) any physical or mental disability of either of the parties;

(

i

) full particulars of any children of the applicant or respondent and of any child of a previous relationship of either party and stating whether and if so what provision has been made for each and any such child;

(

j

) details of any previous matrimonial, family law or civil partnership law relief obtained by either of the parties (and where appropriate a certified copy of any relevant Court order and/or agreement should be exhibited to with the affidavit);

(

k

) where each party is domiciled at the date of the application commencing the proceeding or where each party has been ordinarily resident for the year preceding the date of such application;

(

l

) details of the place(s) where the parties have lived together during their relationship;

(

m

) where reference is made in the cohabitation summons to any immovable property, whether it is registered or unregistered land and a description of the lands/premises so referred to;

(

n

) any other matter which is relevant for the purposes of section 173(3) of the Act.

(3) In the case of an application for provision out of the estate of a deceased cohabitant under section 194 of the Act, the affidavit shall include such of the particulars mentioned in sub-rule (2) as are appropriate and

(

a

) details of any previous cohabitation reliefs obtained by the applicant;

(

b

) details of any benefit received from or on behalf of the deceased cohabitant whether by way of agreement or otherwise and details of any benefits accruing to the applicant under the terms of the will of the deceased cohabitant or otherwise;

(

c

) the date of death of the deceased cohabitant, the date upon which representation was first granted in respect of the estate of the said cohabitant and the date upon which the applicant notified the personal representative of an intention to apply for relief pursuant to section 194(6) of the Act;

(

d

) the civil partnership or marital status of the deceased cohabitant at the date of death and the civil partnership or marital status of the applicant at the date of the application;

(

e

) details of the dependants of the deceased cohabitant at the date of death, of the dependants of the applicant at the date of the application, and of any other interested persons;

(

f

) an averment as to whether any order has previously been made under section 173(7) of the Act;

(

g

) details of the value of the estate of the deceased cohabitant where known.

Interim, interlocutory, ancillary or consequential relief

18. (1) An application to the Court in cohabitation proceedings for any interim or interlocutory relief, including for any of the following reliefs, shall be by notice of motion to the Court

(

a

) subject to rule 21, an order under section 173(6) of the Act discharging or varying an order under section 175 or section 187 of the Act, or suspending or reviving any provision of such an order;

(

b

) an order under section 175(2) of the Act;

(

c

) an order under section 175(3) of the Act to secure a maintenance order;

(

d

) an order under section 176 of the Act for an attachment of earnings order;

(

e

) an order under section 183 of the Act discharging or varying an attachment of earnings order.

(2) A copy of the notice of motion under sub-rule (1) shall be served upon the other party or parties to the proceeding 14 clear days before the return date and shall, where appropriate, be grounded upon the affidavit of the moving party.

(3) An application to which sub-rule (1) applies may be made ex parte to the Court in any case in which interim relief of an urgent and immediate nature is required by the applicant and the Court may in any case, where it is satisfied that it is appropriate, grant such relief or make such order as appears proper in the circumstances.

(4) A statement as to earnings for the purposes of paragraph (a) or (b) of section 179(1) or section 179(1) of the Act shall be in Form No. 2 or 3 as appropriate in Appendix II. Such a statement by a maintenance debtor shall be verified on affidavit or on oath at the hearing of the application. Such a statement by an employer need not be verified on affidavit unless so required by the maintenance creditor.

(5) Any application to which this rule applies shall be heard on affidavit unless the Court otherwise directs. Where any oral evidence is heard by the Court in the course of any application ex parte, a note of such evidence shall be prepared by the applicant or the applicants solicitor and approved by the Court and shall be served upon the respondent forthwith together with a copy of the order made, if any, unless otherwise directed by the Court.

19. An application under section 173(6) of the Act shall be made to the Court by motion in the proceeding on notice to the party concerned and shall be supported by an affidavit verifying the same and shall set out fully how, when and in what respect circumstances have changed or what new evidence exists as a result of which the Court should vary or discharge or otherwise modify in any respect an order to which section 173(6) of the Act applies.

IV. Miscellaneous

20. The provisions of Order 49, rules 1, 2, 3 and 6 shall apply to any proceeding commenced under rule 2 or rule 16.

21. Any respondent in civil partnership law proceedings or cohabitation proceedings may counterclaim by way of a replying affidavit and such affidavit shall clearly set out the relief claimed and the grounds upon which it is claimed in like manner as if he were an applicant and subject to the provisions of this Order.

22. In all cases in which the Registrar of the Court is required to serve or lodge a copy of an order upon or with any person or persons or body such service or lodgement may be effected by the service of a certified copy of the said order by registered post upon the said person or persons or body.

23. The provision of Order 119 rules 2 and 3 shall not apply to any cause, action or proceeding under this Order.”

Schedule 2

Appendix II

FORM No. 1

O. 70B, rr, 5, 16(5)

THE HIGH COURT

CIVIL PARTNERSHIP

[

or, as the case may be

, COHABITATION]

IN THE MATTER OF SECTION OF THE CIVIL PARTNERSHIP AND CERTAIN RIGHTS AND OBLIGATIONS OF COHABITANTS ACT 2010

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:—

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

8

th July

, 2011.

We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the

Courts of Justice Act 1936

, section 67, by virtue of the powers conferred upon us by the

Courts of Justice Act 1924

, section 36, and the

Courts of Justice Act 1936

, section 68 (as applied by the

Courts (Supplemental Provisions) Act 1961

, section 48), and the

Courts (Supplemental Provisions) Act 1961

, section 14, and of all other powers enabling us in this behalf, do hereby make the following Rules of Court.

Dated this 15th day of December, 2010.

Nicholas Kearns

Joseph Finnegan

John Edwards

Paul McGarry

Sasha Gayer

Patrick Groarke

Patrick O’Connor

Mary Cummins

Noel Rubotham

Geraldine Manners

I concur in the making of the following Rules of Court,

dated this 3rd day of July, 2011.

ALAN SHATTER,

Minister for Justice and Equality.

S.I. No. 348 of 2011

RULES OF THE SUPERIOR COURTS (CIVIL PARTNERSHIP AND COHABITATION) 2011