Divorce and Judicial Separation Proceedings in the Circuit Court A Guide to Order 59
Estimated Pub Date: November 2018
By: Keith Walsh
About Divorce and Judicial Separation Proceedings in the Circuit Court
This practitioner-focused book is intended as an easy reference guide to the new Circuit Court (Family Law) Rules 2017.
These new rules introduced important changes to family law proceedings at Circuit Court level. In particular, Order 59 of the Circuit Court rules (which deals with divorce and judicial separation proceedings) has been simplified and consolidated.
It has been amended in a piecemeal fashion over the past 12 years. However, SI 207/2017 introduced the Circuit Court Rules (Family Law) 2017. The new rules came into effect on 14 June 2017 and introduce significant changes to the practice of family law.
These changes include a consolidation of Order 59, additional requirements for originating documents, provision for a procedure to rule settlements by notice of motion, and new time frames for vouching affidavits of means.
The new Circuit Court Rules also introduce changes to case progression in Dublin. The purpose of case progression is to ensure that proceedings are prepared for trial in a manner that is just, expeditious, and likely to minimise the costs of the proceedings.
In the Dublin Circuit, a case progression hearing is no longer required after filing of a defence where both parties agree, and both have certified completion of pre-case progression steps. The same case progression rules that applied prior to the commencement of the new rules will still apply to all other circuits.
The vast majority of divorce and separation proceedings are dealt with at Circuit Court level as it has jurisdiction to deal with cases involving property up to €3 million.
This book explains the rationale behind the new rules, it then lays out the full text of Order 59 together with annotations and cross-references.
The final part of the work consists of precedent proceedings - including those that are part of Order 59 (laid out in a user-friendly format) as well as additional new ones provided by the author.
New precedents include:
New declarations for mediation
New Civil Bill
New case progression summons
New certificate of completion of pre-case progression steps
New certificate of readiness for trial
Table Of Contents
Introduction - Background to the new Circuit Court rules;
Text of new Order 59 fully annotated and cross-referenced;
Schedule: Forms and Precedents, including:
- New Civil Bill
- New Mediation Declaration
- New case progression summons
- New certificate of readiness for trial
- New certificate of completion of pre-case progression steps.