🇮🇪COURTS

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

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.

The form captures specific details about the agreed-upon maintenance obligations and the underlying court decision or settlement terms.

Risk Radar

  • Do not submit this if formal enforcement proceedings are required; use a different form for that purpose.
  • Mixing up maintenance obligations with other types of financial support.
  • Omitting key dates from the original court order or agreement.
  • Submitting the form without confirming if enforcement proceedings are actually needed.
  • Using outdated details regarding party names or addresses.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

  • 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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Glossary Terms

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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.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Need to start fresh court actionForm number TBD (for initial claim)This form only extracts existing decisions.Check the Courts Service website first.
Need proof of enforcement/attachmentDifferent process or specific Court Order requiredThis extract is not for enforcing a debt; it records an obligation.Confirm if you need enforcement steps taken.
Dealing with assets (e.g., CRO filing)May require a different statutory declaration formThe purpose here is purely informational extraction from the Courts record.Verify the exact nature of the required proof.

Deadline or filing window

The timing depends entirely on when the underlying court decision or settlement was finalized and requires extraction.

Before you submit

  • Gather all associated Court Order numbers or settlement documentation.
  • Verify the identity of all parties listed on the form.
  • Check if any supporting documents (like previous orders) are required for submission.
  • Confirm payment is made via the approved Courts Service portal.
  • Ensure all sections requesting specific details are fully completed.

How to file this form

  1. 1Complete Form 40D using clear, legible writing or digital input.
  2. 2Gather necessary supporting documentation (if applicable).
  3. 3Submit the form and documents through the designated online Courts Service portal.
  4. 4Pay any required processing fees before submission.
  5. 5Keep a copy of the submitted form and payment receipt for your records.

Known limitations

  • This extract only reflects existing decisions or settlements; it does not create them.
  • The validity depends on the underlying court order remaining active.
  • It is not legal advice, nor does its issuance guarantee future enforcement success.
  • Not confirmed in official source regarding specific timelines for processing.

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Current Form Status

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.

Agency: Courts Service of Ireland

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

Parties involved in a maintenance dispute who need to formalize an existing court settlement or decision.
The form captures specific details about the agreed-upon maintenance obligations and the underlying court decision or settlement terms.
Use this form after a maintenance decision has been reached through a court process or private settlement, but before needing to enforce it formally.
Submission typically goes through the Courts Service of Ireland channels. Check the official COURTS website for current submission methods.
Accurate completion ensures that all parties have verifiable documentation regarding their maintenance duties. Errors may delay establishing clear, legally recognized obligations.
Fill out all sections completely using details from the court order or settlement agreement. Ensure all names and dates match official records before submission. Review the form carefully to confirm it matches the exact decision being documented.

Form Details

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

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

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After you file

  • Retain the submission confirmation number and date.
  • Follow up with the Courts Service using your reference details if a timeframe is provided.
  • Do not assume the extract means the obligation is automatically enforceable.
  • Keep all correspondence related to this application organized.

Source and verification log

  • Issuing Agency: Courts Service of Ireland (COURTS)
  • Form Purpose: Extract related to maintenance obligations.
  • Scope Restriction: Applies only when recognition/enforceability proceedings are excluded.
  • Contextual Note: Not confirmed in official source regarding specific procedural changes.

Common confusion points

4 things to watch for

  • 1

    Mistaking an 'extract' for a new court order or judgment.

  • 2

    Assuming that submitting the form initiates the maintenance payments themselves.

  • 3

    Believing that the Courts Service handles enforcement actions directly through this extract.

  • 4

    Failing to distinguish between needing proof of obligation (this form) and proving ability to enforce (separate process).

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