Family Courts Act 2024
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Amendment of Family Law Act 1995 | ||
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82. The Family Law Act 1995 is amended— | ||
(a) by the insertion of the following section after section 5: | ||
“Joint application for ancillary orders | ||
5A. In proceedings for a grant of a decree of judicial separation following the making of a joint application for such a decree after the coming into operation of section 2(1A) (inserted by section 78 of the Family Courts Act 2024) of the Act of 1989, the applicants may apply jointly in the proceedings concerned for any order referred to in this Part and such order may be made by the court under this Part before, on or after the grant of the decree of judicial separation.”, | ||
(b) in section 38— | ||
(i) by the substitution of the following subsection for subsection (1): | ||
“(1) Subject to the provisions of this section, the Family District Court (other than in respect of proceedings under Part IV), the Family Circuit Court and the Family High Court shall concurrently have jurisdiction to hear and determine proceedings under this Act.”, | ||
(ii) in subsection (2), by the substitution of “Family Circuit Court shall, concurrently with the Family High Court” for “Circuit Family Court shall, concurrently with the High Court”, | ||
(iii) by the substitution of the following subsection for subsection (3): | ||
“(3) Subject to section 67 of the Family Courts Act 2024 and subsection (3B), the Family District Court shall not have jurisdiction in proceedings under this Act where the market value of any land to which the proceedings relate exceeds €1 million.”, | ||
(iv) by the insertion of the following subsections after subsection (3): | ||
“(3A) Subject to section 67 of the Family Courts Act 2024 and subsection (3B), 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. | ||
(3B) The Minister for Justice may by order increase the amount referred to in subsections (3) and (3A) 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. | ||
(3C) Every order made by the Minister for Justice under subsection (3B) 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.”, | ||
(v) in subsection (4), by the substitution of “Family Circuit Court by this Act may be exercised by the judge of the Family Circuit Court circuit” for “Circuit Family Court by this Act may be exercised by the judge of the circuit”, and | ||
(vi) by the substitution of the following subsection for subsection (6): | ||
“(6) Sections 34 to 36 of the Act of 1989 shall apply to proceedings under this Act in the Family District Court, the Family Circuit Court and the Family High Court.”, | ||
(c) in section 41, by the substitution of “Family District Court” for “District Court”, and | ||
(d) in section 42— | ||
(i) in subsection (3), by the substitution of “Family District Court” for “District Court”, and | ||
(ii) in subsection (4)— | ||
(I) by the substitution of “Family District Court” for “District Court”, and | ||
(II) by the substitution of “€50,000” for “€15,000”. |