Republic of Ireland Law
Republic of Ireland Law Questions Answered by Experts
1. Hi, can you better explain the situation. Are you starting the application for a divorce? Or is this an application in the middle of a divorce case? Can you explain what the Notice of Motion and Grounding Affidavit seeks to do? What is the "form" you seek?
2. The first thing you should do if you have not yet done so is to get the divorce pack of forms for an application for divorce from your local County Registrar. In it, you will find sample Notice of Motions and Affidavits. These can then be used as a template for making this application for a date for hearing of the final divorce hearing.
3. There is no such thing as a "form" for making this application. In the normal course of things, a barrister would be employed to prepare a Notice of Motion and Grounding Affidavit which would be drafted by them to suit the application being made. These papers don't exist in "forms" as each is custom made for the purposes of the application being made. This is why I have suggested you get yourself a template which will show you the format and you can then adapt it to suit the application.
4. A "grounding affidavit" is a statement of facts which sets out the facts which are relevant to the making of the application. An affidavit is a sworn statement of facts, set out in paragraphs, which recites what is relevant to the application. The use of the word "grounding" is merely because this affidavit "grounds" the application or sets out the grounds for the making of the application.
5. If you want sample Notices of Motion and Affidavits go the the Appendix of the Circuit Court rules which sample forms are set out and which are used by practising barristers if they have any difficulty in drafting any application. You can use them too.
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