AI Summary of 38. Jurisdiction of courts and venue.
The Circuit Court, designated the Circuit Family Court, has concurrent jurisdiction with the High Court to hear and determine proceedings under this Act, including proceedings for a decree of nullity. That jurisdiction may be exercised by the judge of the circuit in which any party ordinarily resides or carries on business, profession or occupation. Section 32 of the Act of 1989 applies to proceedings in the Circuit Family Court and sections 33 to 36 of that Act apply to proceedings in both that Court and the High Court.
Where the market value of land related to proceedings in the Circuit Family Court exceeds €3,000,000, any interested person may apply to transfer the proceedings to the High Court; orders or acts made before transfer remain valid unless discharged or varied by the High Court. In specified proceedings (sections 8, 9, 10(1)(a), 11, 12, 13, 14, 15A, 18, 23, 25) spouses and dependent family members must exchange particulars of property and income and the court may order compliance. "Market value" is defined as the unencumbered fee simple price obtainable on the open market in the year preceding the proceedings.
38. Jurisdiction of courts and venue.
Amendments (requiring commencement) by s. 82 of the Family Courts Act 2024 (No. 48), published 13 November 2024.
(1) Subject to the provisions of this section, the Circuit Court shall, concurrently with the High Court, have jurisdiction to hear and determine proceedings under this Act and shall, in relation to that jurisdiction, be known as the Circuit Family Court.
(2) Subject to the other provisions of this section, the Circuit Family Court shall, concurrently with the High Court, have jurisdiction to hear and determine proceedings for a decree of nullity.
(3) Where the market value of any land to which proceedings in the Circuit Family Court under this Act relate exceeds €3,000,000, that Court shall, if an application is made to it in that behalf by any person having an interest in the proceedings, transfer the proceedings to the High Court, but any order made or act done in the course of such proceedings before the transfer shall be valid unless discharged or varied by the High Court by order.
(4) The jurisdiction conferred on the Circuit Family Court by this Act may be exercised -
(a) [deleted]
(b) by the judge of the circuit in which any of the parties to the proceedings ordinarily resides or carries on any business, profession or occupation.
(5) [deleted]
(6) Section 32 of the Act of 1989 shall apply to proceedings under this Act in the Circuit Family Court and sections 33 to 36 of that Act shall apply to proceedings under this Act in that Court and in the High Court.