Judicial Separation and Family Law Reform Act 1989

Courts, jurisdiction and venue.

31

31. (1) The Circuit Court shall be known as “ the Circuit Family Court” when exercising its jurisdiction to hear and determine family law proceedings or, where provided for, when transferring family law proceedings to the High Court.

(2) Subject to the other provisions of this section, the Circuit Family Court shall, concurrently with the High Court, have jurisdiction to hear and determine proceedings under this Act for a decree of judicial separation.

(3) Where in proceedings under this Act for a decree of judicial separation an order could be made in respect of land whose rateable valuation exceeds £200 and an application commencing those proceedings is made to the Circuit Family Court, that Court shall, if the respondent so requires before the hearing thereof, transfer those proceedings to the High Court, but any order made (including an interim order) or act done in the course of those proceedings before such transfer shall be valid unless discharged or varied by order of the High Court.

(4) The jurisdiction referred to in subsection (2) of this section shall only be exercisable where either of the spouses is domiciled in the State on the date of the application commencing proceedings or is ordinarily resident in the State throughout the period of one year ending on that date.

(5) The jurisdiction referred to in subsection (2) of this section shall, in the Circuit Family Court, be exercised by the judge of the circuit where either spouse to the proceedings ordinarily resides or carries on any profession, business or occupation.

Annotations:

Amendments:

F31

Substituted by Civil Liability and Courts Act 2004 (31/2004), s. 50(a), not commenced as of 2.11.2012.

F32

Inserted by Civil Liability and Courts Act 2004 (31/2004), s. 50(b), not commenced as of 2.11.2012.

Modifications (not altering text):

C6

Prospective amending provisions: subs. (3) amended and subs. (6) inserted by Civil Liability and Courts Act 2004 (31/2004), s. 50(a) and (b), not commenced as of 2.11.2012.

(3) Where in proceedings under this Act for a decree of judicial separation an order could be made in respect of land whose F31 [ market value ] exceeds F31 [ 3,000,000 ] and an application commencing those proceedings is made to the Circuit Family Court, that Court shall, if the respondent so requires before the hearing thereof, transfer those proceedings to the High Court, but any order made (including an interim order) or act done in the course of those proceedings before such transfer shall be valid unless discharged or varied by order of the High Court.

...

F32 [ (6) In this section market value means, in relation to land, the price that would have been obtained in respect of the unencumbranced fee simple were the land to have been sold on the open market, in the year immediately preceding the bringing of the proceedings concerned, in such manner and subject to such conditions as might reasonably be calculated to have resulted in the vendor obtaining the best price for the land. ]

C7

Application of subs. (4) restricted (1.03.2005) by European Communities (Judgments in Matrimonial Matters and Matters of Parental Responsibility) Regulations 2005 (S.I. No. 112 of 2005), reg. 7(b), in effect as per reg. 1(2).

Non-applicability of certain statutory provisions.

7. The following provisions shall not have effect in relation to proceedings to which the Council Regulation (other than Article 7) applies:

...

(b) section 31(4) of the Judicial Separation and Family Law Reform Act 1989;

...

C8

Application of subs. (4) restricted (27.02.1997) by Family Law (Divorce) Act 1996 (33/1996), s. 39(2), commenced as per s. 1(2).

Exercise of jurisdiction by court in relation to divorce.

39. — ...

(2) Where proceedings are pending in a court in respect of an application for the grant of a decree of divorce or in respect of an appeal from the determination of such an application and the court has or had, by virtue of subsection (1), jurisdiction to determine the application, the court shall, notwithstanding section 31(4) of the Act of 1989 or section 39 of the Act of 1995, as the case may be, have jurisdiction to determine an application for the grant of a decree of judicial separation or a decree of nullity in respect of the marriage concerned.

C9

Application of subs. (4) restricted (1.08.1996) by Family Law Act 1995 (26/1995), s. 39, S.I. No. 46 of 1996.

Exercise of jurisdiction by court in relation to nullity.

39.— ...

(2) Where proceedings are pending in a court in respect of an application for the grant of a decree of nullity or in respect of an appeal from the determination of such an application and the court has or had, by virtue of subsection (1), jurisdiction to determine the application, the court, notwithstanding section 31 (4) of the Act of 1989, shall have jurisdiction to determine an application for the grant of a decree of judicial separation in respect of the marriage concerned.

Editorial Notes:

E22

Previous affecting provision: application of subs. (4) restricted (23.10.2001) by European Communities (Judgments in Matrimonial Matters and Matters of Parental Responsibility) Regulations 2001 (S.I. No. 472 of 2001), reg. 3(2), subsequently revoked (1.03.2005) by European Communities (Judgments in Matrimonial Matters and Matters of Parental Responsibility) Regulations 2005 (S.I. No. 112 of 2005), reg. 11, in effect as per reg. 1(2).

E23

Previous affecting provision: power of the Court to determine rateable valuation for the purpose of subs. (3) provided (1.08.1996) by Family Law Act 1995 (26/1995), s. 38(5), S.I. No. 46 of 1996; subsequently repealed by Civil Liability and Courts Act 2004 (31/2004), s. 51(b), not commenced as of 2.11.2012.