Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010
Jurisdiction and venue.
196.— (1) Subject to the other provisions of this section, the Circuit Court has concurrent jurisdiction with the High Court to hear and determine applications for orders for redress referred to in section 173 and orders for provision from the estates of deceased cohabitants under section 194.
(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 applications for orders for redress referred to in section 173 and orders for provision from the estates of deceased cohabitants under section 194, except that—
(a) they do not have jurisdiction to make such an order for periodical payments at a rate greater than €500 per week,
(b) they do not have jurisdiction to make such an order in a matter in relation to which the High Court has made such an order, and
(c) the District Court does not have jurisdiction to make such an order in a matter in relation to which the Circuit Court has made such an order otherwise than on appeal from the District Court.
(3) The court shall only exercise its jurisdiction to hear and determine an application for an order for redress referred to in section 173 if both of the cohabitants concerned were ordinarily resident in the State throughout the one-year period prior to the end of their relationship, and either of the cohabitants—
(a) is domiciled in the State on the date on which the application is made, or
(b) is ordinarily resident in the State throughout the one-year period that ends on that date.
(4) The court shall only exercise its jurisdiction to hear and determine an application for an order for provision from the estate of a deceased cohabitant under section 194 if—
(a) in the case where the relationship concerned ended before the death of the deceased, each of the cohabitants concerned was ordinarily resident in the State throughout the one-year period prior to the end of their relationship and—
(i) each of the cohabitants concerned was ordinarily resident in the State throughout the one-year period that ended on the date of the death of the deceased,
(ii) on the date of the death of the deceased, the applicant was in receipt of periodical payments from the deceased, whether under an order made under section 175 or pursuant to a cohabitants’ agreement or otherwise,
(iii) the applicant had, not later than 2 years after that relationship ended, made an application for an order under section 174, 175 or 187 and either—
(I) the proceedings were pending at the time of the death, or
(II) any such order made by the court had not yet been executed,
or
(iv) the applicant had, not later than 2 years after the relationship ended, made an application for an order under section 174, 175 or 187 , the order was made, an application under section 173(6) was subsequently made in respect of that order and either—
(I) the proceedings were pending at the time of the death, or
(II) any such order made by the court under section 173(6) in favour of the applicant had not yet been executed,
and
(b) in any other case, each of the cohabitants concerned was ordinarily resident in the State throughout the one-year period that ended on the date of the death of the deceased.
(5) The jurisdiction conferred on the Circuit Court may be exercised by the judge of the circuit in which a party to the application ordinarily resides or carries on a business, profession or occupation.
F90[(6) The Circuit Court shall transfer, to the High Court, proceedings on applications for orders for redress referred to in section 173 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.
(6A) In subsection (6) 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 making of the application 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.
(6B) Where an application, in relation to land, is brought in the Circuit Court for an order for redress referred to in section 173, and the applicant alleges that the market value of the land concerned does not exceed the monetary amount specified in subsection (6), it shall be presumed, until the contrary is proved, that the market value of the land does not exceed the foregoing amount.]
(7) An order made or act done in the course of the proceedings before a transfer under subsection (6) is valid unless discharged or varied by the High Court.
Annotations
Amendments:
F90
Substituted and inserted (11.01.2017) by Courts Act 2016 (22/2016), s. 2(3), S.I. No. 1 of 2017, as respects proceedings brought after commencement of this section.
F91
Substituted by Family Courts Act 2024 (48/2024), s. 88(l)(i), (ii)(I)-(IV), not commenced as of date of revision.
F92
Inserted by Family Courts Act 2024 (48/2024), s. 88(l)(iii), not commenced as of date of revision.
F93
Substituted by Family Courts Act 2024 (48/2024), s. 88(l)(iv) (vi), not commenced as of date of revision.
F94
Deleted by Family Courts Act 2024 (48/2024), s. 88(l)(v) (vii), not commenced as of date of revision.
Modifications (not altering text):
C16
Prospective affecting provision: subss. (1), (2) amended, subss. (2A)-(2D) inserted, subs. (5) amended, subs. (6) deleted, subss. (6A), (6B), (7) amended by Family Courts Act 2024 (48/2024), s. 88(l), not commenced as of date of revision.
196.— (1) Subject to the other provisions of this section, the F91[Family Circuit Court has concurrent jurisdiction with the Family High Court] to hear and determine applications for orders for redress referred to in section 173 and orders for provision from the estates of deceased cohabitants under section 194.
(2) The F91[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 applications for orders for redress referred to in section 173 and orders for provision from the estates of deceased cohabitants under section 194, except that—
F91[(a) subject to section 67 of the Family Courts Act 2024, they do not have jurisdiction to make such an order for periodical payments at a rate greater than €1,500 per week,]
(b) they do not have jurisdiction to make such an order in a matter in relation to which the F91[Family High Court] has made such an order, and
(c) the F91[Family District Court] does not have jurisdiction to make such an order in a matter in relation to which the F91[Family Circuit Court] has made such an order otherwise than on appeal from the F91[Family District Court].
F92[(2A) Subject to section 67 of the Family Courts Act 2024 and subsection (2C), the Family District Court shall not have jurisdiction in proceedings on applications for orders for redress referred to in section 173 where the market value of any land to which the proceedings relate exceeds €1 million.
(2B) Subject to section 67 of the Family Courts Act 2024 and subsection (2C), where proceedings on applications for orders for redress referred to in section 173 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.
(2C) The Minister may by order increase the amount referred to in subsections (2A) and (2B) 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.
(2D) Every order made by the Minister under subsection (2C) 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.]
...
(5) The jurisdiction conferred on the F93[Family District Court and 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 application ordinarily resides or carries on a business, profession or occupation.
F90[(6) F94[…]
(6A) F93[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 making of the application 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.
(6B) F94[…]]
(7) F94[…]