S.I. No. 289/1989 - Circuit Court Rules (No. 1), 1989.

S.I. No. 289 of 1989.

CIRCUIT COURT RULES (No. 1), 1989.

We, the Circuit Court Rules Committee, constituted pursuant to the provisions of Section 69 of the Courts of Justice Act, 1936 and Section 12 of the Courts of Justice Act, 1947 , by virtue of the powers conferred upon us by Section 66 of the Courts of Justice Act, 1924 and Section 70 of the Courts of Justice Act, 1936 (as applied by Section 48 of the Courts (Supplemental Provisions) Act, 1961 ), and Section 27 of the Courts (Supplemental Provision) Act, 1961, and of all other powers enabling us in this behalf, do hereby, with the concurrence of the Minister for Justice, make the annexed Rules of Court.

Dated this 31st day of October, 1989.

THOMAS F. ROE

MICHAEL MORIARTY

JOHN MacMENAMIN

KEVIN T. FEENEY

MICHAEL T. NEARY (Secretary)

I concur in making the annexed Rules of Court.

Dated this 8th day of November, 1989.

RAY BURKE,

Minister for Justice.

CIRCUIT COURT RULES (No. 1), 1989.

1. These Rules, which may be cited as the Circuit Court Rules (No. 1), 1989, shall come into operation on the 15th day of November, 1989.

2. The Order referred to in these Rules shall be added to and construed together with those Orders contained in the Circuit Court Rules, 1950, as amended.

ORDER 72

JUDICIAL SEPARATION AND FAMILY LAW REFORM ACT, 1989 , SECTIONS 5 AND 6.

1. In this Order, "the Judicial Separation Act" means the Judicial Separation and Family Law Reform Act, 1989 (No. 6 of 1989).

2. The Certificate required by Section 5 of the Judicial Separation Act shall be in accordance with Form No. 1 in the Schedule attached hereto.

3. The Certificate required by Section 6 of the Judicial Separation Act shall be in accordance with Form No. 2 in the Schedule attached hereto.

FORM NO. 1

An Chúirt Chuarda

(THE CIRCUIT COURT)

CERTIFICATE PURSUANT TO SECTION 5 of THE JUDICIAL SEPARATION AND FAMILY LAW REFORM ACT, 1989 .

I,                 , the Solicitor acting for the above Applicant do hereby certify as follows:—

1. I have discussed with the Applicant the possibility of reconciliation with the Respondent, and I have given the Applicant the names and addresses of persons qualified to help effect a reconciliation between spouses who have become estranged.

2. I have discussed with the Applicant the possibility of engaging in mediation to help effect a separation on an agreed basis with the Respondent, and I have given the Applicant the names and addresses of persons and organisations qualified to provide a mediation service.

3. I have discussed with the Applicant the possibility of effecting a separation by the negotiation and conclusion of a Separation Deed or written Separation Agreement with the Respondent.

FORM NO. 2

An Chúirt Chuarda

(THE CIRCUIT COURT)

CERTIFICATE PURSUANT TO SECTION 6 of THE JUDICIAL SEPARATION AND FAMILY LAW REFORM ACT, 1989 .

I,               , the Solicitor acting for the above Respondent do hereby certify as follows:—

1. I have discussed with the Respondent the possibility of reconciliation with the Applicant, and I have given the Respondent the names and addresses of persons qualified to help effect a reconciliation between spouses who have become estranged.

2. I have discussed with the Respondent the possibility of engaging in mediation to help effect a separation on an agreed basis with the Applicant, and I have given the Respondent the names and addresses of persons and organisations qualified to provide a mediation service.

3. I have discussed with the Respondent the possibility of effecting a separation by the negotiation and conclusion of a Separation Deed or written Separation Agreement with the Applicant.

EXPLANATORY NOTE.

These Rules, which come into operation on 15th November, 1989, specify the forms to be used for the purpose of the certificates required by sections 5 and 6 of the Judicial Separation and Family Law Reform Act, 1989 .