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Form 40B - Certificate Referred To In Article 39 Of Council Regulation (Ec) No. 2201/2003 Concerning Judgments In Matrimonial Matters

This form (Form 40B) is issued by the Courts Service of Ireland and relates to judicial matters concerning matrimonial judgments. Specifically, it concerns documentation required under Council Regulation (EC) No. 2201/2003 regarding recognition of judgments.

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Form Overview

Form 40B - Certificate Referred To In Article 39 Of Council Regulation (Ec) No. 2201/2003 Concerning Judgments In Matrimonial Matters

This form (Form 40B) is issued by the Courts Service of Ireland and relates to judicial matters concerning matrimonial judgments. Specifically, it concerns documentation required under Council Regulation (EC) No. 2201/2003 regarding recognition of judgments.

It captures details about a specific judgment and confirms its status under EU regulations governing recognition of judgments. The certificate serves as official proof of the ruling's validity for international use.

Risk Radar

  • Verify that the judgment cited matches the exact requirements of Article 39 of Council Regulation (EC) No. 2201/2003.
  • Incorrect citation of the underlying matrimonial judgment details.
  • Failure to include all mandated supporting documentation (e.g., certified copies).
  • Misunderstanding the scope or applicability of Council Regulation (EC) No. 2201/2003.
  • Submitting the form without confirming jurisdiction requirements with the Courts Service.

Plain English

This document helps confirm a judgment related to marriage or family law that needs to be recognized in another jurisdiction. It is used when an Irish court ruling must be formally acknowledged elsewhere, or vice versa.

Submission Date

  • Specific deadlines are dictated by the nature of the cross-border proceedings and should be confirmed with the relevant court registry or legal counsel.
  • Preparation window: collect IDs, supporting records, and signatures in advance.
  • Final review: verify names, dates, and required fields before submission.

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Glossary Terms

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What this form is for

  • * Use this form when a matrimonial judgment needs recognition outside Ireland.
  • * This relates specifically to documentation required by Council Regulation (EC) No. 2201/2003.
  • * It is issued in connection with judicial matters concerning divorce or marital status.
  • * Do not use this for general civil judgments; specific forms apply.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Need a judgment recognized outside IrelandForm 40B or related courts formsThis form confirms recognition details for matrimonial matters under EU law.Confirm the specific jurisdiction's requirements before filing.
Seeking divorce documentation from another EU stateForm 40B or relevant court applicationThe form addresses how judgments made in other member states are recognized here.Ensure you have all original foreign judgment documents ready.
Matrimonial dispute involving non-EU partiesDo not use Form 40BThis form is specific to Council Regulation (EC) No. 2201/2003 concerning EU judgments.Consult the Courts Service for forms covering non-EU legal matters.
General family law queryContact the local District Court office directlyUse of this specialized form requires a clear link to international matrimonial judgment recognition.Do not submit Form 40B if your issue is purely domestic Irish law.

Deadline or filing window

Specific deadlines are dictated by the nature of the cross-border proceedings and should be confirmed with the relevant court registry or legal counsel.

Before you submit

  • Verify all names, dates, and judgment details match the original court order exactly.
  • Attach certified copies of the underlying matrimonial judgment document.
  • Ensure the form is completed in block capitals using permanent ink.
  • Confirm that the requesting party has the necessary standing or authority to apply.
  • Check if an accompanying fee payment receipt (e.g., Revenue Online Service) is attached.

How to file this form

  1. 1Gather the original certified matrimonial judgment document.
  2. 2Complete Form 40B, ensuring all sections are filled accurately and legibly.
  3. 3Attach supporting documentation as required by the Courts Service of Ireland.
  4. 4Submit the completed package to the designated court registry or online portal.
  5. 5Pay the required filing fee according to current rates.

Known limitations

  • This form only certifies judgments under Council Regulation (EC) No. 2201/2003; it does not certify all types of Irish legal decisions.
  • The Courts Service's ability to issue this certificate depends on the validity and accessibility of the original judgment record.
  • It is not a guarantee of recognition in the foreign jurisdiction; only certification is provided by Ireland.

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Current Form Status

This form relates to specific international matrimonial judgments under EU law (Council Regulation No. 2201/2003). Check with the Courts Service of Ireland for current submission requirements.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Verify if the regulation cited (Council Regulation (EC) No. 2201/2003) has been superseded or amended.
  • Check for required supporting documentation lists that may have changed.
  • Confirm the current processing times and fees charged by the Courts Service of Ireland.
  • Ensure all parties involved are listed correctly according to current legal requirements.

Quick Facts

The form is generally required by parties involved in cross-border matrimonial disputes or legal proceedings. Submission is directed through the Courts Service of Ireland.
It captures details about a specific judgment and confirms its status under EU regulations governing recognition of judgments. The certificate serves as official proof of the ruling's validity for international use.
This form must be completed when a matrimonial judgment needs to be recognized or enforced across borders within the relevant jurisdiction. Timing is usually tied directly to the initiation of cross-border legal proceedings.
Submission typically occurs through the Courts Service of Ireland, likely involving specific court channels or designated administrative portals.
Accurate submission ensures that a matrimonial judgment is legally recognized and enforceable in the intended location. Errors can delay enforcement or invalidate the ruling in foreign jurisdictions.
Obtain the most current version of Form 40B from the Courts Service website. Complete all sections, paying close attention to case numbers and dates as listed on the original judgment. Ensure supporting documentation for the matrimonial judgment is included with the form. Submit according to specific instructions provided by the court or legal representative.

Form Details

Agency
Courts Service of Ireland
Revision Date
19/02/26

Form 40B - Certificate Referred To In Article 39 Of Council Regulation (Ec) No. 2201/2003 Concerning Judgments In Matrimonial Matters

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After you file

  • Keep copies of the submitted form, all supporting documents, and the payment receipt.
  • Note the reference number assigned to your application file by the Courts Service.
  • Follow up with the specific court registry handling the case using the reference number.
  • Be aware that processing times vary based on the complexity and completeness of the submission.

Source and verification log

  • Issued by: Courts Service of Ireland
  • Form Name/Number: Form 40B - Certificate Referred To In Article 39 Of Council Regulation (Ec) No. 2201/2003 Concerning Judgments In Matrimonial Matters
  • Context: Judicial matters concerning matrimonial judgments.
  • Source reliability: Based on form name and issuing agency.

Common confusion points

4 things to watch for

  • 1

    Confusing this certificate requirement with a request for enforcement (a different process).

  • 2

    Assuming the courts can certify judgments not originally recorded in the main judicial system.

  • 3

    Using outdated versions of Form 40B or incorrect regulations citations.

  • 4

    Failing to include all necessary supporting documentation, leading to delays.

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