Official form guide
Form 40D - Extract For A Decision/Court Settlement In Matters Relating To Maintenance Obligations Not Subject To Proceedings For Recognition Or A Declaration Of Enforceability
This form is issued by the Courts Service of Ireland (COURTS) for obtaining an extract related to maintenance obligations. It applies when a decision or court settlement regarding maintenance is made but does not require formal recognition or declaration of enforceability proceedings.
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Form Overview
Courts Service of Ireland - Form 40D - Extract For A Decision/Court Settlement In Matters Relating To Maintenance Obligations Not Subject To Proceedings For Recognition Or A Declaration Of Enforceability
This form is issued by the Courts Service of Ireland (COURTS) for obtaining an extract related to maintenance obligations. It applies when a decision or court settlement regarding maintenance is made but does not require formal recognition or declaration of enforceability proceedings.
Risk Radar
Scan points- 1Do not submit this if formal enforcement proceedings are required; use a different form for that purpose.
- 2Mixing up maintenance obligations with other types of financial support.
- 3Omitting key dates from the original court order or agreement.
- 4Submitting the form without confirming if enforcement proceedings are actually needed.
- 5Using outdated details regarding party names or addresses.
Plain English
If you have reached a court agreement or decision about ongoing financial support payments, this form helps secure the official documentation. It confirms details of those maintenance duties without needing complex enforcement actions.
Submission Date
- Filing date: The timing depends entirely on when the underlying court decision or settlement was finalized and requires extraction.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
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What this form is for
- Use this when you need an official record of a maintenance obligation.
- The decision or settlement must already exist, but formal enforcement proceedings are not required.
- It relates specifically to matters where recognition or declaration of enforceability is excluded.
- Do not use this if you are starting new legal proceedings for maintenance.
Form selector
Use this form or another form?
Need to start fresh court action
This form only extracts existing decisions.
✓ Check the Courts Service website first.
Form number TBD (for initial claim)
Need proof of enforcement/attachment
This extract is not for enforcing a debt; it records an obligation.
✓ Confirm if you need enforcement steps taken.
Different process or specific Court Order required
Dealing with assets (e.g., CRO filing)
The purpose here is purely informational extraction from the Courts record.
✓ Verify the exact nature of the required proof.
May require a different statutory declaration form
Deadline or filing window
The timing depends entirely on when the underlying court decision or settlement was finalized and requires extraction.
Before you submit
- 1Gather all associated Court Order numbers or settlement documentation.
- 2Verify the identity of all parties listed on the form.
- 3Check if any supporting documents (like previous orders) are required for submission.
- 4Confirm payment is made via the approved Courts Service portal.
- 5Ensure all sections requesting specific details are fully completed.
How to file this form
- 1Complete Form 40D using clear, legible writing or digital input.
- 2Gather necessary supporting documentation (if applicable).
- 3Submit the form and documents through the designated online Courts Service portal.
- 4Pay any required processing fees before submission.
- 5Keep a copy of the submitted form and payment receipt for your records.
Known limitations
- 1This extract only reflects existing decisions or settlements; it does not create them.
- 2The validity depends on the underlying court order remaining active.
- 3It is not legal advice, nor does its issuance guarantee future enforcement success.
- 4Not confirmed in official source regarding specific timelines for processing.
Field map
Compact field-by-field guide
Proceedings
3 items
The names of the parties exactly as they appear on the originating document.
The court record number for the case, if one has been assigned.
The court and the office where the document is being filed.
Substance
2 items
What you are asking the court to do, or the information the form requires.
The facts relied on and any documents exhibited with the filing.
Execution
1 items
Signed, sworn or certified as the form requires, with proof of service where needed.
Almost done reviewing the fields?
Fillable formOpen in Editor->This extract is used when a maintenance decision or court settlement exists but does not require formal recognition or declaration of enforceability through separate proceedings.
What changed or needs a fresh check
- Check for updated fee structures or payment methods.
- Verify if there are changes to the relevant court rules governing maintenance records.
- Confirm the specific requirements for 'Decision' versus 'Court Settlement'.
- Ensure you have the correct case number and parties involved.
Quick Facts
Form Details
- Revision date
- 19/02/26
Downloads & source
Sources
- SRCIssuing Agency: Courts Service of Ireland (COURTS)
- SRCForm Purpose: Extract related to maintenance obligations.
- SRCScope Restriction: Applies only when recognition/enforceability proceedings are excluded.
- SRCContextual Note: Not confirmed in official source regarding specific procedural changes.
Common confusion points
Mistaking an 'extract' for a new court order or judgment.
Assuming that submitting the form initiates the maintenance payments themselves.
Believing that the Courts Service handles enforcement actions directly through this extract.
Failing to distinguish between needing proof of obligation (this form) and proving ability to enforce (separate process).
Source transparency
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