Maintenance Orders Act, 1974
What is this act about?
Is éard atá sa dlí seo ná socrú a dhéanamh maidir le haitheantas agus forfheidhmiú frithpháirteach orduithe cothabhála idir an Stát agus Tuaisceart Éireann, Sasana agus an Bhreatain Bheag, agus Albain. Ciallaíonn sé seo gur féidir orduithe cothabhála a dhéantar sna réimsí sin a chur i bhfeidhm sa Stát, agus a mhalairt.
Who it applies to: Daoine atá i dteideal íocaíochtaí cothabhála (creidiúnaithe cothabhála); Daoine atá faoi dhliteanas íocaíochtaí cothabhála a dhéanamh (féichiúnaithe cothabhála).
At a glance
- Country
- Ireland
- Area of law
- Other legislation
- Articles
- 22
- Source
- irishstatutebook.ie
- Text retrieved
- Explanation updated
What does this act regulate?
- Aitheantas agus forfheidhmiú orduithe cothabhála a dhéantar i dTuaisceart Éireann, Sasana agus an Bhreatain Bheag, agus Albain.
- An próiseas chun orduithe cothabhála a fhorfheidhmiú sa Stát, lena n-áirítear achomhairc.
- Na coinníollacha faoina bhféadfar aitheantas agus forfheidhmiú orduithe cothabhála a thoirmeasc.
- Seoladh orduithe cothabhála ón Stát chuig na réimsí eile le haghaidh forfheidhmithe.
Who does this act apply to?
- Daoine atá i dteideal íocaíochtaí cothabhála (creidiúnaithe cothabhála).
- Daoine atá faoi dhliteanas íocaíochtaí cothabhála a dhéanamh (féichiúnaithe cothabhála).
What are the key points?
- Féadfar ordú cothabhála a dhéantar i réimse cómhalartach agus atá infheidhmithe ann a aithint agus a fhorfheidhmiú sa Stát.
- Ní fhéadfaidh an Máistir an t-ordú a fhorfheidhmiú má tá sé contrártha don bheartas poiblí, mura bhfuair an duine réamhshocraithe fógra leordhóthanach, nó má tá sé neamh-chomhoiriúnach le breithiúnas a tugadh sa Stát idir na páirtithe céanna.
- Féadfaidh an féichiúnaí cothabhála achomharc a dhéanamh i gcoinne ordú forfheidhmithe laistigh de mhí amháin ó fógra a fháil.
- Ní fhéadfar dlínse na cúirte a rinne an t-ordú ná substaint an ordaithe a scrúdú le linn imeachtaí aitheantais agus forfheidhmithe.
Other legislation
Legal text
Legal text
Maintenance Orders Act, 1974 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1974 Maintenance Orders Act, 1974 Maintenance Orders Act, 1974 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 16 of 1974 MAINTENANCE ORDERS ACT, 1974 ARRANGEMENT OF SECTIONS
PART I
Preliminary and General Section
Section 1
Short title.
Section 2
Commencement.
Section 3
Interpretation.
Section 4
Scope of Act.
Section 5
Expenses.
PART II
Reciprocal Recognition and Enforcement of Maintenance Orders
Section 6
Recognition and enforcement.
Section 7
Appeal against enforcement order.
Section 8
Appeal against refusal of enforcement order.
Section 9
Prohibition of recognition and enforcement.
Section 10
Jurisdiction, substance not to be examined.
Section 11
Partial enforcement.
Section 12
Restriction on security for costs.
Section 13
Documents required to accompany request for enforcement order.
Section 14
Enforcement by District Court.
Section 15
Service of certain documents.
Section 16
Saving.
Section 17
Jurisdiction where defendant resides in reciprocating jurisdiction and transmission of documents.
Section 18
Restriction on making, etc., of maintenance orders.
Section 19
Transmission of maintenance order to reciprocating jurisdiction for enforcement.
Section 20
Obtaining of evidence from reciprocating jurisdiction.
Section 21
Taking of evidence for court in reciprocating jurisdiction.
Section 22
Evidence in proceedings.
Acts Referred to Courts Act, 1971 1971, No. 36 Married Women (Maintenance in case of Desertion) Act, 1886 1886, c. 52 Illegitimate Children (Affiliation Orders) Act, 1930 1930, No. 17 Enforcement of Court Orders Act, 1940 1940, No. 23 Courts Act, 1964 1964, No. 11 Number 16 of 1974 MAINTENANCE ORDERS ACT, 1974 AN ACT TO MAKE PROVISION IN RELATION TO THE RECIPROCAL RECOGNITION AND ENFORCEMENT OF MAINTENANCE ORDERS AS BETWEEN THE STATE AND NORTHERN IRELAND, ENGLAND AND WALES AND SCOTLAND. [9th July, 1974] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
PART I
Preliminary and General Short title.
1.—This Act may be cited as the Maintenance Orders Act, 1974.
Commencement.
2.—This Act shall come into operation on such day as the Minister for Justice by order appoints.
Interpretation.
3.—(1) In this Act— “appropriate authority” means the person who, in a reciprocating jurisdiction, has a function corresponding to that of the Master of the High Court under section 19 (3); “enforcement order” has the meaning assigned to it in section 6; “maintenance creditor”, in relation to a maintenance order, means the person entitled to the payments for which the order provides; “maintenance debtor”, in relation to a maintenance order, means the person liable to make payments under the order; “maintenance order” means— (a) an order (including an affiliation order or an order consequent thereon) which provides for the periodical payment of sums of money towards the maintenance of any person, being a person whom the person liable to make payments under the order is, in accordance with the law of the jurisdiction in which the order was made, liable to maintain, or (b) an affiliation order or an order consequent thereon, being an order which provides for the payment by a person adjudged, found or declared to be a child's father of expenses incidental to the birth of the child or, where the child has died, of the funeral expenses, and, in the case of a maintenance order which has been varied, means that order as varied; “maintenance proceedings” means proceedings in relation to the making, variation or revocation of a maintenance order; “notice of the institution of the proceedings”, in relation to maintenance proceedings, means— (a) where the proceedings were instituted in the State, a copy of the summons or other originating document served in the State or a notice of the issue of the summons or other originating document, (b) where the proceedings were instituted in Northern Ireland or in England and Wales, a copy of the summons or other originating document served in a reciprocating jurisdiction, a notice that a provisional maintenance order has been made or a notice of an application to a court for a maintenance order, (c) where the proceedings were instituted in Scotland, a copy of the writ, summons or other originating document, together with a copy of the warrant for service and a copy of the citation; “reciprocating jurisdiction” means Northern Ireland, England and Wales, or Scotland; “revocation”, in relation to a maintenance order, includes the discharge of such order or the termination of a weekly sum payable thereunder and cognate words shall be construed accordingly.
Scope of Act.
4.—This Act shall have effect in relation to maintenance orders whether made before or after the commencement of this Act but shall not have effect in relation to arrears accrued before such commencement.
Expenses.
5.—The expenses incurred in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
PART II
Reciprocal Recognition and Enforcement of Maintenance Orders Maintenance orders made in a reciprocating jurisdiction Recognition and enforcement. [C 31, 32.1, 33.3, 34.1 (part) and 35] 6.—(1) Subject to and in accordance with this Act, a maintenance order made in a reciprocating jurisdiction and enforceable therein shall be recognised and enforceable in the State when, on receipt by the Master of the High Court from an appropriate authority of a request for the enforcement of the order, an order is made under subsection (4).
Appeal against enforcement order. [C 36.1, 37.1, 38.1, 39.1 and 37.2] 7.—(1) Where an enforcement order is made, the maintenance debtor may appeal to the High Court against the order within one month of service of notice thereof on him.
Appeal against refusal of enforcement order. [C 40.1, 40.2 (part) and 41] 8.—(1) If a request to which section 6 (1) relates is refused, the maintenance creditor may appeal to the High Court against the refusal.
Prohibition of recognition and enforcement. [C 27 (part) and 34.2 (part)] 9.—A maintenance order made in a reciprocating jurisdiction shall not be recognised or enforceable if, but only if— (a) recognition or enforcement would be contrary to public policy, (b) where it was made in default of appearance, the person in default was not served with notice of the institution of the proceedings in sufficient time to enable him to arrange for his defence, or (c) it is irreconcilable with a judgment given in a dispute between the same parties in the State.
Jurisdiction, substance not to be examined. [C 28.3 (part), 29 and 34.3] 10.—In any proceedings under this Act for the recognition and enforcement of a maintenance order— (a) the jurisdiction of the court which made the order may not be examined, and (b) the order may not be examined as to its substance.
Partial enforcement. [C 42] 11.—(1) Where, in a maintenance order made in a reciprocating jurisdiction, there are provisions in respect of which enforcement cannot be ordered, an enforcement order may be made in respect of any other provision of the maintenance order.
Restriction on security for costs. [C 45] 12.—No security or deposit, however described, may be required from a person seeking enforcement of a maintenance order made in a reciprocating jurisdiction solely on the ground that he is not residing in the State.
Documents required to accompany request for enforcement order. [C 46, 47 and 48] 13.—(1) Subject to subsection (2), the documents which shall be attached to a request to which section 6 (1) relates are— (a) a certified copy of the maintenance order concerned, (b) in the case of a maintenance order made in default of appearance, the original or a certified copy of the document which establishes that notice of the institution of the proceedings was served on the person in default, (c) documents which establish that the order is enforceable according to the law of the jurisdiction in which it was made and that notice of the order has been served on the maintenance debtor outside the State or sent by registered post to him at an address within the State, and (d) where appropriate, a document showing that the maintenance creditor is receiving legal aid in that jurisdiction.
Enforcement by District Court.
14.—(1) In this section “enforceable maintenance order” means— (a) a maintenance order in respect of which an enforcement order has been made, or (b) in the case of a maintenance order to which section 11 relates, the maintenance order to the extent to which it is ordered to be enforced in accordance with that section.
Service of certain documents.
15.—Service of a document relating to maintenance proceedings in a reciprocating jurisdiction which is received by the Master of the High Court from an appropriate authority for service on the person against whom the proceedings have been instituted may be effected in any manner in which service of a District Court document within the meaning of section 7 of the Courts Act, 1964 , may be effected.
Saving.
16.—Nothing in this Act (other than section 9) shall be taken as preventing the recognition of a maintenance order which is made in a reciprocating jurisdiction and which, apart from this Act, would be recognised in the State.
Maintenance orders made in the State Jurisdiction where defendant resides in reciprocating jurisdiction and transmission of documents.
17.—(1) Where proceedings are instituted under the Married Women (Maintenance in case of Desertion) Act, 1886, or the Illegitimate Children (Affiliation Orders) Act, 1930 , against a person residing in a reciprocating jurisdiction for the making, variation or revocation of a maintenance order, the court shall have the like jurisdiction to hear and determine the proceedings as it would have if that person were residing in the State and a summons to appear before the court had been served on him.
Restriction on making, etc., of maintenance orders.
18.—In any proceedings under the enactments referred to in section 17 (1) against a person residing in a reciprocating jurisdiction, a maintenance order shall not be made, varied or revoked unless— (a) notice of the institution of the proceedings has been served on him in accordance with the law of that jurisdiction and in sufficient time to enable him to arrange for his defence, and (b) the notice included a statement of the substance of the complaint or application, as the case may be.
Transmission of maintenance order to reciprocating jurisdiction for enforcement.
19.—(1) Where the maintenance debtor under a maintenance order made in the State is residing in a reciprocating jurisdiction, the maintenance creditor may apply to have the order transmitted to that jurisdiction for enforcement.
Evidence Obtaining of evidence from reciprocating jurisdiction.
20.—A court may, for the purpose of any proceedings under this Act or proceedings to which section 17 (1) relates, send to the Master of the High Court for transmission to the appropriate authority in a reciprocating jurisdiction a request for the taking in that jurisdiction of the evidence of a person residing therein in relation to such matters as may be specified in the request.
Taking of evidence for court in reciprocating jurisdiction.
21.—(1) Where, for the purpose of any maintenance proceedings in a court in a reciprocating jurisdiction or proceedings in such court for the enforcement of a maintenance order, a request is received by the Master of the High Court from an appropriate authority for the taking in the State of the evidence of a person residing therein relating to matters specified in the request, the Master shall request a justice of the District Court to take such evidence.
Evidence in proceedings.
22.—(1) In any proceedings under this Act or proceedings to which section 17 (1) relates, unless the court sees good reason to the contrary— (a) a document containing a request for the enforcement in the State of a maintenance order made in a reciprocating jurisdiction and purporting to have been transmitted to the Master of the High Court by or at the instance of an appropriate authority may, without further proof, be admitted as evidence that it is a request to which section 6 (1) relates and has been received by the Master from an appropriate authority; (b) a document which purports to be a copy of a maintenance order, or of an order varying or revoking a maintenance order, made by a court in a reciprocating jurisdiction and to be certified by a judge, magistrate or officer of that court to be a true copy thereof may, without further proof, be admitted as evidence of the order; (c) a statement contained in a document which purports to be certified by a judge, magistrate or officer of a court in a reciprocating jurisdiction to be— (i) a document setting out or summarising evidence given in proceedings in that court or evidence taken in that jurisdiction for the purpose of maintenance proceedings in the State, whether in response to a request made under section 20 or otherwise, or a true copy of such document, (ii) a document which has been received in evidence in proceedings in that court, or a true copy of a document so received, or (iii) a true copy of the document specified in section 13 (1) (b), may, without further proof, be admitted as evidence of any fact stated therein to the same extent as oral evidence of that fact by the maker of the statement would be admissible in those proceedings; (d) a statement contained in a document which purports to be signed by a judge, magistrate or officer of a court in a reciprocating jurisdiction and to be— (i) a document specified in section 13 (1) (other than paragraph (a)), (ii) an equivalent document to which section 13 (2) relates, (iii) a document which establishes that notice of the institution of proceedings in a reciprocating jurisdiction for the variation or revocation of a maintenance order made in that jurisdiction was served on the person against whom the proceedings were instituted, or (iv) a certificate of any arrears under a maintenance order, may, without further proof, be admitted as evidence of any fact stated or certified therein to the same extent as oral evidence of that fact by the maker of the statement would be admissible in those proceedings;
(e) a statement contained in a document which purports to be— (i) a tax assessment or other statement or certificate relating to tax, (ii) a statement or certificate of earnings, (iii) a medical certificate, (iv) a statement or certificate that a person was employed or was unemployed for a specified period, (v) a statement or certificate that the notice referred to in section 18 (a) has been served in accordance with the law of the reciprocating jurisdiction concerned, (vi) a letter written by a party to maintenance proceedings who is residing in a reciprocating jurisdiction, or (vii) an affidavit or other document made or signed by such a party, may, without further proof, be admitted as evidence of any fact stated or certified therein to the same extent as oral evidence of that fact by the maker of the statement would be admissible in those proceedings.
Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais