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Divorce, Judicial Separation, Civil Partnership and Cohabitation Proceedings in the Circuit Court 2nd Edition

Coming Soon Divorce, Judicial Separation, Civil Partnership and Cohabitation Proceedings in the Circuit Court 2nd Edition

Divorce, Judicial Separation, Civil Partnership and Cohabitation Proceedings in the Circuit Court 2nd Edition

Author: Keith Walsh
Publisher: Bloomsbury Professional (formerly Tottel Publishing)
ISBN: 9781526531032

Previous Edition ISBN: 9781526507105
Published In: March 2027
Format: Paperback
Jurisdiction: Ireland ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: ¥38,209.60

¥37,063.31 Save ¥1,146.29 (3%)

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Description
Contents

Details

This valuable resource provides a practical guide to the Circuit Court Rules on Judicial Separation and Divorce, Order 59, the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 as amended, and Order 59A of the Circuit Court Rules.

There have been significant changes since the first edition (Divorce and Judicial Separation Proceedings in the Circuit Court: A Guide to Order 59). The second edition has been updated to include:

New rules relating to domestic violence
Changes to practice and procedure
Non-marital family and Civil Partnership and Cohabitation proceedings

New precedents have also been added, including those for use in civil partnership and cohabitation cases. This is a growing area of practice and one which continues to have increasing focus following the Supreme Court decision in O'Meara.

Commentary on other key cases is also included, such as:

MW v DC [2017] IECA 255 [29]
GR v Regan [2020] IEHC 89
XY v ZW [2019] IEHC 257 [101]

This is a user-friendly guide to Orders 59 and 59A for solicitors and barristers in general practice and those specialising in family law, as well as an invaluable resource for academic institutions and libraries.

Order 59 Circuit Court Rules

I. Preliminary and General

II. Proceedings under:

Guardianship of Infants Act 1964

Family Law (Maintenance of Spouses and Children) Act 1976

Family Home Protection Act 1976

Status of Children Act 1987

Judicial Separation and Family Law

Reform Act 1989

Family Law Act 1995

Family Law (Divorce) Act 1996

Children Act 1997

III. Case Progression

IV. Appointment of guardians

V. Declaration of Parentage

VI. DNA Tests where Parentage is in Issue

VII. Domestic Violence

VIII. Proceedings under the Protection of Children (Hague Convention) Act

2000.

and the Hague Convention 1996

IX.

Section 12 of the Gender Recognition Act 2015

Section 40, Civil Liability and Courts Act 2004

Order 59A Civil Partnership and Cohabitation

XI. Rules

Precedents

A. Divorce

[P1] Family Law Civil Bill – Divorce

[P2] Affidavit of Means – Divorce

[P3] Affidavit Of Welfare – Applicant – Divorce

[P4] Statutory declaration pursuant to section 6 of the Family Law (Divorce) Act, 1996 .

[P5] Notice to Trustees – Applicant – Divorce

[P6] Affidavit of Service of Notice to Trustees – Divorce

[P7] Entry of Appearance – Divorce

[P8] Statutory declaration pursuant to section 7 of the Family Law Act (Divorce) 1996

[P9] Defence and Counterclaim – Divorce

[P10] Affidavit of Welfare of the Respondent – Divorce

B. Judicial Separation

[P11] Family Law Civil Bill – Judicial Separation

[P12] Affidavit of Means – Applicant – Judicial Separation

[P13] Affidavit of Welfare – Applicant – Judicial Separation

[P14] Statutory declaration pursuant to section 5 of the Judicial Separation and Family Law Reform Act 1989

[P15] Notice to Trustees – Applicant – Judicial Separation

[P16] Affidavit of Service of Notice to Trustees – Judicial Separation

[P17] Entry of Appearance – Judicial Seperation

[P18] Statutory declaration pursuant to section 6 of the Judicial Separation and Family Law Reform Act 1989 – Judicial Separation

[P19] Defence and Counterclaim – Judicial Separation

[P20] Affidavit of Welfare of Respondent – Judicial Separation

[P21] Affidavit of Welfare of the Respondent – Judicial Separation

C. Civil Partnership

[P1] Civil Partnership Civil Bill

[P2] Affidavit of Means – Civil Partnership

[P3] Affidavit Of Welfare – Applicant – Civil Partnership

[P4] Notice to Trustees – Applicant – Civil Partnership

[P5] Affidavit of Service of Notice to Trustees – Civil Partnership

[P6] Entry of Appearance – Civil Partnership

[P7] Defence and Counterclaim – Civil Partnership

[P8] Affidavit of Welfare of the Respondent – Civil Partnership

[P9] Notice of Trial / Notice to fix a date for Trial (other than Dublin)

[P10] Notice to fix a date for Trial (Dublin Circuit)

D. Cohabitation

[P1] Cohabitation Civil Bill

[P2] Affidavit of Means – Cohabitation

[P3] Affidavit Of Welfare – Applicant – Cohabitation

[P4] Notice to Trustees – Applicant – Cohabitation

[P5] Affidavit of Service of Notice to Trustees – Cohabitation

[P6] Entry of Appearance – Cohabitation

[P7] Defence and Counterclaim – Cohabitation

[P8] Affidavit of Welfare of the Respondent – Cohabitation

[P9] Notice of Trial / Notice to fix a date for Trial (other than Dublin)

[P10] Notice to fix a date for Trial (Dublin Circuit)

E. Case Progression

[P1] Summons to attend case progression hearing

[P2] Case progression questionnaire

[P3] Certificate of completion of pre-case progression steps – Dublin Circuit Only

[P4] Certificate of readiness for trial – Dublin Circuit Only

[P5] Notice for the fixing of a date for trial

F. Application to the Court for service outside the jurisdiction

[P1] Ex Parte Notice

[P2] Grounding Affidavit

Appendix: Service Out of the Jurisdiction

INDEX

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