Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

140.

Jurisdiction and venue.

140.— (1) Subject to the other provisions of this section, the Circuit Court has concurrent jurisdiction with the High Court to hear and determine civil partnership law proceedings.

(2) The District Court, and the Circuit Court on appeal from the District Court, have concurrent jurisdiction with the High Court to hear and determine proceedings under sections 45, 46, 47 and 50 except that—

( a) they do not have jurisdiction to make an order under one of those sections for the payment of a periodical sum at a rate greater than €500 per week F63 [ for support of a civil partner or 150 per week for the support of a dependent child of the civil partners ],

( b) they do not have jurisdiction to make an order or direction under one of those sections in a matter in relation to which the High Court has made an order or direction under that section, and

( c) the District Court does not have jurisdiction to make an order or direction under one of those sections in a matter in relation to which the Circuit Court has made an order or direction otherwise than on appeal from the District Court.

(3) The court shall only exercise its jurisdiction in civil partnership law proceedings if a party to the proceedings—

( a) is domiciled in the State on the date on which the proceedings are commenced, or

( b) is ordinarily resident in the State throughout the one-year period that ends on that date.

(4) The jurisdiction conferred on the Circuit Court may be exercised by the judge of the circuit in which a party to the civil partnership law proceedings ordinarily resides or carries on a business, profession or occupation.

F64 [ (5) The Circuit Court shall transfer proceedings to the High Court on application to it by a party to the proceedings, if land to which the proceedings relate has a market value that exceeds 3,000,000.

(5A) In subsection (5) and the following subsection, 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.

(5B) Where civil partnership law proceedings are brought in the Circuit Court in relation to land and the plaintiff or applicant in the proceedings alleges that the market value of the land concerned does not exceed the monetary amount specified in subsection (5) , it shall be presumed, until the contrary is proved, that the market value of the land does not exceed the foregoing amount. ]

(6) An order made or act done in the course of the proceedings before a transfer under subsection (5) is valid unless discharged or varied by the High Court.

(7) The District Court and the Circuit Court shall transfer to the High Court proceedings under Part 4 in which the value of household chattels exceeding F65 [ 15,000 ] is at issue, on application to it by a party to the proceedings.

(8) An order made or act done in the course of the proceedings before a transfer under subsection (7) is valid unless discharged or varied by the High Court.

(9) If a civil partner is a person of unsound mind and there is a committee of the civil partner’s estate, the jurisdiction under this section in proceedings under Part 4 may, subject to subsections (5) to (8), be exercised by the court that has appointed the committee.

F64 [ (10) Subject to subsection (9) , the District Court has all the jurisdiction of the High Court to hear and determine a question arising out of section 34 where the value of the household chattels intended to be disposed of or removed or actually disposed of or removed does not exceed 15,000. ]

Annotations:

Amendments:

F63

Substituted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 169, S.I. No. 12 of 2016.

F64

Substituted and inserted (11.01.2017) by Courts Act 2016 (22/2016), s. 2(2), S.I. No. 1 of 2017, as respects proceedings brought after commencement of this section.

F65

Substituted (3.02.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 2(b), S.I. No. 566 of 2013.

Modifications (not altering text):

C4

Application of section restricted (1.01.2019) by Domestic Violence Act 2018 (6/2018), s. 14(2), S.I. No. 532 of 2018.

Application of section 34(2) of Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

14. (1) Where an application for a barring order or a safety order is made against the civil partner of the applicant, subsection (2) of section 34 of the Act of 2010 shall apply—

(a) between the making of the application for the order and its determination, and

(b) if that order is made, while that order is in force, as it applies between the institution and final determination of dissolution proceedings to which that section relates.

(2) The court which is empowered under subsection (2)(b) of section 34 of the Act of 2010 to grant permission for a disposition or removal of household chattels within the meaning of that section is, notwithstanding anything in section 140 of that Act, the court before which the proceedings, including proceedings for a barring order or a safety order, have been instituted.

Editorial Notes:

E26

Previous affecting provision: subs. (10(b) amended (3.02.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 2(b), S.I. No. 566 of 2013; substituted as per F-note above.