🇮🇪COURTS

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

Form 40B is a certificate related to judgments in matrimonial matters under EU Regulation 2201/2003. It's used when a judgment from one EU country needs to be recognized or enforced in Ireland.

Need help? AI Editor guides you through every field of Form 40B - Certificate Referred To In Article 39 Of Council Regulation (Ec) No. 2201/2003 Concerning Judgments In Matrimonial Matters.

Start filling →

Form Overview

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

Form 40B is a certificate related to judgments in matrimonial matters under EU Regulation 2201/2003. It's used when a judgment from one EU country needs to be recognized or enforced in Ireland.

This form captures details about the original judgment, including the parties involved, the court that issued it, and key terms of the decision that need to be recognized in Ireland.

Risk Radar

  • Ensure all parties to the original judgment are properly identified on the certificate.
  • Incomplete certificate details
  • Missing original judgment documents
  • Incorrect court information
  • Outdated form version

Plain English

If you have a divorce or separation judgment from another EU country and need it recognized in Ireland, this certificate helps with that process. It's part of the EU system that makes cross-border family law matters more straightforward.

Submission Date

  • There is no specific deadline for submitting Form 40B, but it should be submitted as soon as you need to enforce or recognize the foreign judgment to avoid delays in legal proceedings.
  • Preparation window: collect IDs, supporting records, and signatures in advance.
  • Final review: verify names, dates, and required fields before submission.

AI Assistant

Get field-by-field guidance, auto-fill suggestions, and error detection.

Try it now ->

Glossary Terms

Hover a term to preview the meaning.

What this form is for

  • When you need to enforce a divorce decree from another EU country in Ireland
  • When you need to recognize a separation judgment from another EU member state
  • When dealing with financial orders from matrimonial proceedings abroad
  • For child custody arrangements from EU courts that need recognition in Ireland
  • When property division decisions from another EU country require enforcement

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Divorce judgment from non-EU countryForm 10ADifferent legal framework appliesCheck if bilateral agreement exists
Separation agreement from IrelandNo specific form neededDomestic procedures applyVerify with local court rules
Child custody order from another EU countryForm 40BSimilar process but different focusEnsure proper jurisdiction details
Financial settlement from UK post-BrexitSpecialized form requiredBrexit changed recognition proceduresCheck latest UK-Ireland agreements

Deadline or filing window

There is no specific deadline for submitting Form 40B, but it should be submitted as soon as you need to enforce or recognize the foreign judgment to avoid delays in legal proceedings.

Before you submit

  • Original judgment document included
  • All parties correctly identified
  • Court details complete and accurate
  • Form fully completed with all required sections
  • Translations provided if original is not in English
  • Copies made for personal records
  • Applicable court fees paid if required
  • Form signed by authorized court official

How to file this form

  1. 1Obtain the original judgment from the foreign court
  2. 2Complete Form 40B with all required information
  3. 3Attach the original judgment or certified copy
  4. 4Submit to the appropriate court office in Ireland
  5. 5Pay any required fees
  6. 6Keep copies of all submitted documents
  7. 7Follow up with the court to confirm receipt

Known limitations

  • Only applies to judgments from EU member states
  • May not cover all types of matrimonial decisions
  • Additional documentation may be required depending on the specific judgment
  • Recognition is not guaranteed and may be subject to local court review
  • Time limits for enforcement may apply depending on the original jurisdiction

Almost done reviewing?

✦ Open in AI Editor

Current Form Status

This form is current and in use as part of Ireland's implementation of EU Regulation 2201/2003 concerning matrimonial matters.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Verify you're using the most recent version of Form 40B
  • Check if any recent changes to EU regulations affect this form
  • Confirm translation requirements if original judgment is not in English
  • Ensure all court identification details match current court structures
  • Verify if digital submission options have been added recently

Quick Facts

The certificate is typically completed by the court that issued the original judgment or by a designated authority in the originating EU member state.
This form captures details about the original judgment, including the parties involved, the court that issued it, and key terms of the decision that need to be recognized in Ireland.
This certificate should be submitted when you need to enforce or recognize a matrimonial judgment from another EU member state in Ireland.
The completed certificate should be submitted to the relevant court office in Ireland where recognition or enforcement is being sought, often through the Courts Service of Ireland.
Submitting this correctly ensures your foreign judgment will be recognized and enforced in Ireland, avoiding legal complications and delays in resolving your matrimonial matters.
Obtain the original judgment from the court that issued it. Complete Form 40B with all required details about the judgment. Submit the completed form along with the original judgment to the appropriate court office in Ireland. Keep copies of all documents for your records.

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

AI-powered guidance for every field

✦ Open in AI Editor

Free to start · No account required

After you file

  • Monitor court processing times
  • Respond promptly to any requests for additional information
  • Keep track of case reference number for follow-up
  • Consider legal advice if recognition is contested
  • Update relevant authorities once judgment is recognized
  • Store all documents securely for future reference

Source and verification log

  • Form is issued by Courts Service of Ireland
  • Based on Council Regulation (EC) No. 2201/2003
  • Related to recognition of EU judgments in matrimonial matters
  • Not confirmed in official source if available online
  • Not confirmed in official source if digital submission options exist
  • Not confirmed in official source about current processing times
  • Not confirmed in official source about specific fee amounts
  • Not confirmed in official source about required supporting documents

Common confusion points

8 things to watch for

  • 1

    Confusing this form with other EU recognition forms

  • 2

    Uncertainty about which court in Ireland to submit to

  • 3

    Misunderstanding about translation requirements

  • 4

    Unclear about whether original documents need to be submitted

  • 5

    Confusion about fees and payment methods

  • 6

    Uncertainty about processing times

  • 7

    Misunderstanding about scope of recognition granted

  • 8

    Confusion about whether legal representation is required

Ready to get started?

Upload the form or open it in the AI Editor for intelligent guidance

✦ Open in AI Editor with guided fill

Related Guides & Resources

Term

Irish Form Affidavit of Attesting Witness (for minors aged 13 and under) - Affidavit of Attesting Witness (for minors aged 13 and under)

Irish COURTS form Affidavit of Attesting Witness (for minors aged 13 and under): Form for Affidavit of Attesting Witness (for minors aged 13 and under).

View →
Term

Irish Form Oath of Administrators with Will Annexed including Bond (De Bonis Non for Single Applicant) - Oath of Administrators with Will Annexed including Bond (De Bonis Non for Single Applicant)

Irish COURTS form Oath of Administrators with Will Annexed including Bond (De Bonis Non for Single Applicant): This is an oath sworn by a single administrator appointed to continue administering an estate when a previous executor or administrator has died or ceased to act (de bonis non), including a bond to guarantee proper administration..

View →
Term

Irish Form Oath of Administrators with Will Annexed including Bond for Single Applicant - Oath of Administrators with Will Annexed including Bond for Single Applicant

Irish COURTS form Oath of Administrators with Will Annexed including Bond for Single Applicant: This is an oath sworn by a single administrator appointed under a will (where no executor is acting), including a bond to guarantee proper administration of the estate..

View →
Term

Irish Form Probate Office Order Form - Probate Office Order Form

Irish COURTS form Probate Office Order Form: This is a form used to request certified copies of probate documents from the Probate Office.

View →

Source transparency

Copyright & Licensing — Irish Government Forms

Independent guide

BrieflyGo links to and explains official public form sources. We are not a government agency, and this page is for general form guidance, not legal advice.

CC BY 4.0Creative Commons Attribution 4.0 International. Free to copy, modify, and distribute — even commercially — with attribution.
Crown Copyright (AU)© Commonwealth of Australia. Material may be downloaded, displayed, printed and reproduced in unaltered form for personal non-commercial use or internal organisational use. Not under an open licence.
All Rights ReservedAll rights reserved by the copyright holder. Not licensed for open use. May only be used with explicit permission or under fair dealing/fair use.
All Rights ReservedAll rights reserved by the copyright holder. Not licensed for open use. May only be used with explicit permission or under fair dealing/fair use.
Verify current license terms with the source agency before reuse outside this platform.

Never sign without understanding every clause.

BrieflyGo reviews your contracts in plain English — instantly.

Try for free →