S.I. No. 244/1982 - Circuit Court Rules (No. 7) 1982. Family Home Protection Act, 1976.

THOMAS J. NEYLON.

HUGH GEOGHEGAN.

ERNEST J. MARGETSON.

MICHAEL MORIARTY.

Record No.

......................Circuit

County of ......................

APPLICATION

FAMILY HOME PROTECTION ACT, 1976 , SECTION 4 (1)

(Application to dispense with consent of Spouse to proposed conveyance of Family Home)

Between:

A.B.

Applicant

and

C.D.

Respondent

TAKE NOTICE that the above named Applicant of in the County of hereby applies to the Court sitting at pursuant to Section 4 (1) of the above Act for an Order dispensing with the consent of the Respondent to the proposed conveyance by the Applicant of an interest in the premises (a)

(a) Here insert a description of the family home sufficient to identify the same.

which are the family home of the Applicant and for an Order providing for the costs of the Application.

AND TAKE NOTICE that the Applicant will rely upon the following matters in support of the Application:

1.

(b)

(b) Here set out the residential address and occupation of the Respondent.

2.

The Applicant was on the   day of      married to the Respondent at (c)

(c) Here set out the venue at which the marriage cermony was performed.

3.

The premises described above are the family home of the Applicant and the Respondent.

4.

The Applicant wishes to convey an interest in the said family home by (d)

(d) Here set out details of the nature and purport of the intended conveyance and of the proposed consideration for the same.

5.

It is unreasonable for the Respondent to withold his/her consent to the said proposed conveyance on the grounds that (e)

(e) Here set out in full the grounds and circumstances intended to be relied upon.

Or

5.

Delete whichever is applicable

The Respondent has deserted and continues to desert the Applicant, having on the   day of  

(f)

(f) Here set out details of the alleged desertion, and if constructive desertion is alleged give full particulars of the conduct relied upon to justify the Applicant's leaving the Respondent.

6.

The rateable valuation of the said premises does/(g) does not exceed the sum of £200.

(g) Delete whichever is inappropriate.

7.

(h) The Affidavit(s) of are served herewith.

(h) Delete where the Application is not grounded on Affidavit.

AND TAKE NOTICE that if you intend to dispute the Applicant's claim or any part thereof, you must within four days of the service of this Application on you file with the County Registrar in the Circuit Court office at an Answer in the form prescribed by the Rules of the Circuit Court, or, where the application is grounded upon Affidavit and the Respondent does not require oral evidence, a replying Affidavit.

AND TAKE NOTICE that the said Application will be mentioned before the Court on the  day of  19 , and shall be heard on that day or on such date as the Court may fix for the hearing thereof.

Dated the    day of    , 19 

Signed

............................................................ ....................

(Applicant or Solicitor for Applicant).

Address:

............................................................ ....................

To: C.B.

............................................................ ......................

(Respondent) of

............................................................ ............................................

............................................................ ............................................................ ................

(Address).

Record No.

...................Circuit

County of.....................

APPLICATION

FAMILY HOME PROTECTION ACT, 1976 , SECTION 4 (4)

(Application by spouse for the Court to give the Consent on behalf of the spouse who is incapable of consenting)

Between:

A.B.

Applicant

and

C.B.

Respondent

(or, if the spouse whose consent is sought has not after reasonable enquiries been found, on the application of A.B., Applicant)

TAKE NOTICE that the above named Applicant of in the County of hereby applies to the Court sitting at pursuant to Section 4 (4) of the Above Act for an Order giving the consent on behalf of the Respondent/C.B. (a)

(a) Here insert name of spouse, if he/she is not named as Respondent to the Application.                to the proposed conveyance by the Applicant of an interest in the premises

(b)

(b) Here insert a description of the family home sufficient to identify the same.

which are the family home of the Applicant and for an Order providing for the costs of the Application.

AND TAKE NOTICE that the Applicant will rely upon the following matters in support of the Application:

1.

(c)

(c) Here set out the residential address and occupation of the Respondent.

  or

1.

The Applicant does not know the residential address of the said C.B. whose occupation is that of

2.

The Applicant was on the    day of     married to the Respondent/the said C.B. at the (d)

(d) Here identify the venue at which the marriage ceremony was performed.

3.

The premises described above are the family home of the Applicant and the Respondent/the said C.B.

4.

The Applicant wishes to convey an interest in the family home by (e)

(e) Here set out details of the nature and purpose of the proposed conveyance and details of the proposed consideration therefor.

5.

The Respondent is incapable of consenting to the said conveyance by reason of unsoundness of mind or other mental disability in that (f)

(f) Here set out details of unsoundness of mind or other mental disability.

  Or

5.

The said     C.B.     has not been found notwithstanding the following enquiries which have been conducted by or on behalf of the Applicant (g)

(g) Here set out brief details of the enquiries made.

6.

In all the circumstances it is reasonable that the Court should give the consent  on behalf of  the  Respondent/the said    C.B.

7.

The rateable valuation of the said premises does/(h)

does not exceed the sum of £200.

(h) delete whichever is appropriate

8.

(i) The Affidavit(s) of      served herewith

(i) delete where the Application is not grounded upon Affidavit.

AND TAKE NOTICE that if you intend to dispute the Applicant's claim or any part thereof, you must within four days of the service of this Application on you file with the County Registrar in the Circuit Court Office at

             an Answer in the form prescribed by the Rules of the Circuit Court, or where the Application is grounded upon Affidavit and the Respondent does not require oral evidence, a replying Affidavit.

AND TAKE NOTICE that this Application will be mentioned before the Court on the  day of    19 and shall be heard on that day or on such date as the Court may fix for the hearing thereof.

Dated the    day of   19

Signed............................................................ ...........

(Applicant or Solicitor for the Applicant)

:

Address............................................................ ..........

To: C.B.

............................................................ ......

(Respondent)

of

............................................................ ..........

(Address)

Record No.

...................Circuit

County of.......................

APPLICATION

FAMILY HOME PROTECTION ACT, 1976 , SECTION 5 (1)

(Application for Order for the protection of the family home in the interest of the applicant, spouse or child)

Between:

A.B.

Applicant

and

C.B.

Respondent

TAKE NOTICE that the above named Applicant of

          in the county of

hereby applies to the Court sitting at         

pursuant to Section 5 of the above Act for such Order as the Court may consider proper directed to the Respondent or to any other person for the protection of the premises (a)

(a) Here insert a description of the family home sufficient to identify the same.

              which are the family home of the Applicant, and for an Order providing for the costs of this Application.

AND TAKE NOTICE that the Applicant will rely upon the following matters in support of the Application:

1.

(b)

(b) Here set out the residential address and occupation of the Respondent.

2.

The Applicant was on the     day of     married to the Respondent at (here identify the venue at which the marriage ceremony was performed).

3.

The premises described above are the family home of the Applicant and of the following dependent child/children of the family, namely (c)

(c) Here set out names and dates of birth of each dependant child.

4.

The Respondent is engaging in conduct which may lead to the loss of an interest in the family home or may render it unsuitable for habitation as a family home in that (d)

(d) Here set out full details of the conduct complained of.

5.

The Respondent intends thereby to deprive the Applicant and/or the said dependent child/children of their residence in the family home.

6.

And the Applicant seeks and Order directed against the Respondent (e)

(e) Here set out brief details of the Order sought.

And/or

6.

The Applicant seeks an Order directed to (f)

(f) Here set out the name of any third party against whom an order is sought giving brief details of the Order sought.

7.

The rateable valuation of the said premises does/(g) does not exceed the sum of £200.

(g) delete whichever is inappropriate.

8.

(h) The Affidavit(s) of        served herewith

(h) delete where the Application is not grounded upon Affidavit.

AND TAKE NOTICE that if you intend to dispute the Applicant's claim or any part thereof, you must within four days of the service of this Application on you file with the County Registrar in the Circuit Court Office at an Answer in the form prescribed by the Rules of the Circuit Court, or where the Application is grounded upon Affidavit and the Respondent does not require oral evidence, a replying Affidavit.

AND TAKE NOTICE that this Application will be mentioned before the Court on the    day of  19  and shall be heard on that day or such date as the Court may fix for the hearing thereof.

Dated the    day of    19

.Signed ............................................................ ............................

(Applicant or Solicitor for Applicant.)

Address:

............................................................ ............................................................ .................................................

To: C.B.

............................................................ ...

(Respondent)

of

............................................................ ........

(Address).

Record No.

.........................Circuit

County of.........................

APPLICATION

FAMILY HOME PROTECTION ACT, 1976 , SECTION 5 (2)

(Application for Compensation relating to family home)

Between:

A.B.

Applicant

and

C.B.

Respondent

TAKE NOTICE that the above named Applicant of

            in the County of       

hereby applies to the Court sitting at     

pursuant to Section 5 (2) of the above Act for an Order for the payment to the Applicant of such amount as the Court may consider proper to compensate the Applicant and any dependent child for their loss; or for such other Order directed to the Respondent or to any other person as may appear to the Court to be just and equitable, and for an Order providing for the costs of this Application.

AND TAKE NOTICE that the Applicant will rely upon the following matters in support of the Application.

1.

(a)

(a) Here set out the residential address and occupation of the Respondent.

2.

The Applicant was on the    day of    married to the Respondent at (b)

(b) Here identify the venue at which the marriage ceremony was performed.

3.

The premises (c)

(c) Here describe the family home so as to identify the same.

are the family home of the Applicant and of the following dependent children of the family, namely (d)

(d) Here set out the names and dates of birth of each dependent child of the family.

4.

The Respondent on or about the     day of    (e)

(e) Here set out brief details of the conduct of the Applicant which is complained of.

5.

As a result of the said conduct the Respondent has deprived the Applicant and/or the above named dependent children of the family of their residence in the family home in that the said conduct resulted in the loss of an interest therein/(f) rendered the same unsuitable for habitation as a family home

(f) Delete whichever is inappropriate.

6.

(g)

(g) Here set out brief details of and loss or expense alleged to have resulted from the conduct complained of and any other relevant consequence of the conduct.

7.

And the Applicant seeks an Order directed to the Respondent (h)

(h) Here set out brief details of the nature of the Order sought.

And/or

7.

And the Applicant seeks an Order directed against (i)

(i) Here set out the name of any third party against whom an Order is sought and brief details of the nature of the Order sought.

8.

The rateable valuation of the said premises does/(j) does not exceed the sum of £200.

(j) Delete whichever is inappropriate.

9.

(k) The Affidavit(s) of      served herewith

(k) Delete where the Application is not grounded upon Affidavit.

AND TAKE NOTICE that if you intend to dispute the Applicant's claim or any part thereof, you must within four days of the service of this Application on you file with the County Registrar in the Circuit Court Office at an Answer in the form prescribed by the Rules of the Circuit Court or, where the Application is grounded upon Affidavit and the Respondent does not require oral evidence, a replying Affidavit.

AND TAKE NOTICE that the said Application will be mentioned before the Court on the   day of  19 , and shall be heard on that day or on such date as the Court may fix for the hearing thereof.

Dated the   day of   19 

Signed

...................................................

(Applicant or Solicitor for Applicant).

To: C.B.

............................................................ 

(Respondent).

of

............................................................ .......

(Address).

Record No.

....................... Circuit

County of ......................

APPLICATION

FAMILY HOME PROTECTION ACT, 1976 , SECTION 9 (1)

(Application to Prohibit Spouse from disposing of or removing household chattels)

Between:

A.B.

Applicant

and

C.B.

Respondent

TAKE NOTICE that the above named Applicant of

                 in the County of

hereby applies to the Court sitting at                          pursuant to Section 9 (1) of the above Act for an Order in such terms as the Court may see fit prohibiting the Respondent from making any intended disposition of or from removing from the family home the household chattels listed in the Schedule hereto or any of them, and for an Order providing for the costs of the Application.

AND TAKE NOTICE that the Applicant will rely on the following matters in support of the Application:

1.

(a)

(a) Here set out the residential address and occupation of the Respondent.

2.

The Applicant was on the    day of   married to the Respondent at the (b)

(b) Here identify the venue at which the marriage ceremony was performed.

3.

The premises (c)

(c) Here set out a sufficient description of the family home so as to identify the same.

are the family home of the Applicant and of the following dependant children of the family namely (d)

(d) Here set out the names and dates of birth of any dependent children.

4.

The Applicant has reasonable grounds for believing that the Respondent intends to sell, lease, pledge, charge or otherwise dispose of or remove the household chattels listed in the Schedule hereto in that (e)

(e) Here set out the grounds for such belief.

5.

Such disposition or removal would be likely to make it difficult for the Applicant and the said dependent child/children to reside in the family home without undue hardship.

6.

(f) The Affidavit(s) of       served herewith.

(f) Delete where the Application is not grounded upon Affidavit.

AND TAKE NOTICE that if you intend to dispute the Applicant's claim or any part thereof, you must within four days of the service of this Application on you file with the Country Registrar in the Circuit Court Office at an Answer in the form prescribed by the Rules of the Circuit Court, or, where the Application is grounded upon Affidavit and the Respondent does not require oral evidence, a replying Affidavit.

AND TAKE NOTICE that the said Application will be mentioned before the Court on the   day of   19 and shall be heard on that day or on such date as the Court may fix for the hearing thereof.

SCHEDULE (Here set out a list of household chattels intended to be affected by the Order).

Dated the    day of  19

Signed

.........................................................

(Applicant or Solicitor for Applicant).

Address:

............................................................ .............................

To: C.B.

............................................................ .........

(Respondent).

of

............................................................ .........

(Address).

Record No.

......................Circuit

County of......................

APPLICATION

FAMILY HOME PROTECTION ACT, 1976 , SECTION 9 (5)

(Application for an Order directing the Spouse to provide household chattels or money)

Between:

A.B.

Applicant

and

C.B.

Respondent

TAKE NOTICE that the above named Applicant of

                in the Country

of hereby applies to the Court sitting at                        pursuant to Section 9 (5) of the above Act for an Order directing the Respondent to provide household chattels for the Applicant or a sum of money in lieu thereof, and for an Order providing for the costs of the Application.

AND TAKE NOTICE that the Applicant will rely upon the following matters in support of the Application:

1.

(a)

(a) Here set out the residential address and occupation of the Respondent.

2.

The Applicant was on the    day of    married to the Respondent at (b)

(b) Here identify the venue at which the marriage ceremony was performed.

3.

The premises (c)

(c) Here set out a description of the family home sufficient to identify the same.

are the family home of the Applicant and of the following dependent children of the family namely, (d)

(d) Here set out the names and dates of birth of any dependent children.

4.

The Respondent on or about the   day of     disposed of or removed the household chattels set out in the Schedule hereto by (e),

(e) Here set out brief details of the disposition or removal complained of.

5.

(f) The said disposition and/or removal was done in contravention of an Order of this Court made the    day of  19

or

5.

(f) The said disposition or removal was made after the institution of matrimonial proceedings between the Applicant and the Respondent but without the consent of the Court.

(f) Delete whichever is inappropriate.

6.

Such disposition or removal has made it difficult or alternatively is likely to make it difficult for the Applicant and/or the dependent children of the family to reside in the said family home without undue hardship.

7.

(g) The Affidavit(s) of              served herewith.

(g) Delete where the Application is not grounded upon Affidavit.

AND TAKE NOTICE that if you intend to dispute the Applicant's claim or any part thereof, you must within four days of the service of this Application on you file with the Country Registrar in the Circuit Court Office at

an Answer in the form prescribed by the Rules of the Circuit Court, or, where the Application is grounded upon Affidavit and the Respondent does not require oral evidence, a replying Affidavit.

AND TAKE NOTICE that the said Application will be mentioned before the Court on the  day of  19 and shall be heard on that day or on such date as the Court may fix for the hearing thereof.

SCHEDULE

(Here set out details of household chattels disposed of or removed)

Dated the    day of  19 

Signed............................................................ ......................................

(Applicant or Solicitor for Applicant).

Address:

............................................................ .........................................................

To: C.B.

............................................................ ....

(Respondent).

of

............................................................ ......

(Address)

Record No.

....................... Circuit

County of.....................

ANSWER

FAMILY HOME PROTECTION ACT, 1976

Between:

A.B.

Applicant

and

C.B.

Respondent

TAKE NOTICE that the Respondent of

                   in the County of

disputes the claim in the Application made pursuant to Section                  of the above Act, which Application was served on the Respondent on the    day of   19 .

AND TAKE NOTICE that the Respondent will rely upon the following matters disputing the Applicant's said claim: (Here set out in numbered paragraphs, the grounds upon which the Applicant's claim is disputed).

AND TAKE NOTICE that the Respondent requires oral evidence,

Dated the  day of  19

Signed

......................................................... (Respondent or Solicitor for Respondent.)

Address:

............................................................ ....................................................

To:

.....................................................

(Applicant or Solicitor for Applicant)

of

............................................................ ..................................

(Address)