Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010
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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 for support of a civil partner, | ||
(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. | ||
(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— | ||
(a) has a rateable valuation that exceeds €254, or | ||
(b) has not been given a rateable valuation or is the subject with other land of a rateable valuation, if the Circuit Court determines that the rateable valuation would exceed €254. | ||
(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 €6,350 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. | ||
(10) Subject to subsection (9), the District Court has all the jurisdiction of the High Court to hear and determine— | ||
(a) civil partnership law proceedings under Part 4 if— | ||
(i) the rateable valuation does not exceed €25, or | ||
(ii) the land has not been given a rateable valuation or the land is the subject with other land of a rateable valuation, if the District Court determines that the rateable valuation would not exceed that amount, | ||
and | ||
(b) 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 €6,350 or where the chattels are or immediately before the disposal or removal were in a shared home if— | ||
(i) the rateable valuation of the shared home does not exceed €25, or | ||
(ii) the shared home has not been given a rateable valuation or the shared home is the subject with other land of a rateable valuation, if the District Court determines that the rateable valuation would exceed that amount. |