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Dáil Éireann díospóireacht -
Tuesday, 10 Mar 1998

Vol. 488 No. 4

Written Answers - Court Fees.

Alan Shatter

Ceist:

277 Mr. Shatter asked the Minister for Justice, Equality and Law Reform whether stamp duty is payable for the issuing of divorce proceedings in the Circuit Court and the High Court; and if it is intended to exempt divorce proceedings from stamp duty. [6415/98]

Fees (stamp duty) in the Circuit Court and the High Court are charged in accordance with the Circuit Court (Fees) Order, 1989 (S. I. No. 342 of 1989) and the Supreme and High Court (Fees) Order, 1989 (S. I. No. 341 of 1989), respectively.

Both these Orders exempt certain family law proceedings from court fees. While divorce proceedings are not included in the 1989 Orders as being exempt, I am informed that, in general, divorce applications in the Circuit Court are treated as being exempt from court fees. However, divorce proceedings in the High Court attract court fees unless the case includes one or more of the family law proceedings specified in the 1989 Supreme and High Court Order as being exempt.

It is my intention to exempt all divorce proceedings from court fees by amending the existing fees orders.

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