Court Case Progression Hearing

For how long can either party drag out a divorce i.e. by not sending in the bank statements in time?

We have received many queries like this where one party frustrates the application for divorce or judicial separation by not submitting their Affidavit of Means or details of their property, assets or income. We are shocked to hear that some solicitors say in response to their clients that there is nothing that can be done.


Firstly, every spouse in proceedings for divorce or judicial separation where orders are sought concerning maintenance, lump sum provision, property, financial compensation orders, succession act rights or pension adjustment orders must submit to the other spouse "such particulars of his or her property and income as may reasonably be required for the purposes of the proceedings". Where a person fails or refuses to comply the court can direct the person to comply. [Sections 38 (7) and (8) of the Family Law Act, 1995 and Sections 38 (6) and (7) of the Family Law (Divorce) Act, 1996]


Secondly, under a new statue law called the Circuit Court Rules (Case Progression in Family Law Proceedings) 2008, S.I. 358 of 2008 the County Registrar can make directions on the vouching of an Affidavit of Means "within 28 days of the date of filing of the Respondent's Affidavit of Means or 21 days before the date fixed for for a case progression hearing, whichever is the earlier".


Where the Respondent has not filed a Defence and a case progression hearing has been listed, each party shall vouch his Affidavit of Means within such time as the County Registrar shall direct. In the event of a party failing to file, serve or properly vouch the items referred to in, their Affidavit of Means as required by the rules the County Registrar can on application by notice of motion or in the course of case progression make an Order allowing more time for the party in default to file or serve an Affidavit of Means and/or vouch (in such manner or on such terms as the Court, or the County Registrar as the case may be, directs) the items referred to in an Affidavit of Means or make an Order for Discovery.


The Court may also make an Order that such party shall not be entitled to pursue or defend as appropriate a claim for any ancillary reliefs under the Acts and may grant Orders under Sections 38 (7) and (8) of the Family Law Act, 1995 in the case of judicial separation and Sections 38 (6) and (7) of the Family Law (Divorce) Act, 1996 in the case of divorce directing the person to comply with such particulars of his or her property and income as may reasonably be required for the purposes of the proceedings.

It is therefore not possible for a spouse or his/her solicitors to hold up proceedings indefinately. Either spouse or their solicitors can apply to the Courts or the County Registrar to have the defaulting party comply with the Court rules.