C10

Prospective affecting provision: subss. (1), (2), (2A)-(2E) amended, subs. (4) amended, subs. (5) deleted, subs. (5A) amended, subss. (5B), (6)-(9) deleted, subs. (10) substituted by Family Courts Act 2024 (48/2024), s. 88(h)(i)-(viii), not commenced as of date of revision.

140.— (1) Subject to the other provisions of this section, F75[the Family District Court, the Family Circuit Court and the Family High Court have concurrent jurisdiction] to hear and determine civil partnership law proceedings.

(2) The F75[Family District Court, and the Family Circuit Court on appeal from the Family District Court, have concurrent jurisdiction with the Family High Court] to hear and determine proceedings under sections 45, 46, 47 and 50 except that—

F75[(a) subject to section 67 of the Family Courts Act 2024, 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 €1,500 per week for support of a civil partner or €500 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 F75[Family High Court] has made an order or direction under that section, and

(c) the F75[Family 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 F75[Family Circuit Court] has made an order or direction otherwise than on appeal from the F75[Family District Court].

F76[(2A) The Family District Court shall not have jurisdiction to hear and determine proceedings—

(a) under section 4, or

(b) for a decree of nullity under section 107.

(2B) Subject to section 67 of the Family Courts Act 2024 and subsection (2D), the Family District Court shall not have jurisdiction in civil partnership proceedings under this Act where the market value of any land to which the proceedings relate exceeds €1 million.

(2C) Subject to section 67 of the Family Courts Act 2024 and subsection (2D), where proceedings are brought in the Family District Court and the court is of the view, on the basis of the evidence before it, that the market value of the land to which the proceedings relate exceeds €1 million, the court shall transfer the proceedings to the Family Circuit Court, but any order made or act done in the course of such proceedings before such transfer shall be valid unless discharged or varied by order of the Family Circuit Court.

(2D) The Minister may by order increase the amount referred to in subsections (2B) and (2C) up to a maximum amount of €2 million where he or she considers it appropriate to do so having regard to—

(a) changes in the market value of land,

(b) the need to minimise the costs of proceedings, and

(c) the guiding principles in section 8 of the Family Courts Act 2024.

(2E) Every order made by the Minister under subsection (2D) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House sits after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.]

...

(4) The jurisdiction conferred on the F77[Family District Court and the Family Circuit Court may be exercised by the judge of the relevant Family District Court district or Family Circuit Court circuit] in which a party to the civil partnership law proceedings ordinarily resides or carries on a business, profession or occupation.

F73[(5) F78[…]

(5A) F77[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.

(5B) F78[…]]

(6) F78[…]

(7) F78[…]

(8) F78[…]

(9) F78[…]

F77[(10) Subject to section 67 of the Family Courts Act 2024, the Family District Court shall have jurisdiction 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 €50,000.]

C11

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.