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Ask Buachaill Your Own Question
Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10174
Experience:  Barrister 17 years experience
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I am looking to find the form to make an application to the

Customer Question

Customer: Hi I am looking to find the form to make an application to the county registrar by way of notice of motion and grounding affidavid.
JA: Thanks. Can you give me any more details about your issue?
Customer: I hope to apply to the circuit court for Divorce and have been working as a lone applicant. I have come to the final hurdle and find it difficult to understand where to go from here.
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to Republic of Ireland Law Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit?
Customer: I am more than willing to pay if I get two things the correct form and an explanation of what the grounding affidavit means? Thank You.
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Submitted: 11 months ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 11 months ago.

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?

Customer: replied 11 months ago.
No this is the final step for me, I have everything else done. Pension adjustment order sorted, legal separation sorted. I just need to apply to the circuit court for a date for the final day in court to get the divorce. Notice of motion to me meant - notice for a date in court and grounding affidavit is that my affidavit of means that I have previously done. I am not sure what the grounding affidavit means, I was hoping you would tell me that. The 'form' I am looking for is the circuit court have notice to motion forms that you simply fill in the blanks and I was hoping that i would get the correct form from you also.
Expert:  Buachaill replied 11 months ago.

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.

Expert:  Buachaill replied 11 months ago.

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.

Expert:  Buachaill replied 11 months ago.

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.

Expert:  Buachaill replied 11 months ago.

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.

Expert:  Buachaill replied 11 months ago.

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