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60.6  Notice Of Application For An Order Under Section 9 (5) - Family Home Protection Act, 1976

This form is used to apply to an Irish court for an order under Section 9(5) of the Family Home Protection Act, 1976. It is filed when you need court intervention regarding rights to occupy or dispose of a family home.

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Form Overview

60.6  Notice Of Application For An Order Under Section 9 (5) - Family Home Protection Act, 1976

This form is used to apply to an Irish court for an order under Section 9(5) of the Family Home Protection Act, 1976. It is filed when you need court intervention regarding rights to occupy or dispose of a family home.

This form captures details about your application, including property information, parties involved, and the specific order you're seeking from the court.

Risk Radar

  • Many applicants forget to properly serve notice on all parties involved, which can invalidate the application.
  • Incorrect information about property ownership
  • Missing required signatures from all parties
  • Filing in the wrong court
  • Not providing sufficient evidence of family home status

Plain English

This form lets you ask a judge to make a decision about who can live in or sell the family home. It's part of Irish law designed to protect family homes when spouses or co-owners disagree about important decisions.

Submission Date

  • There are no statutory deadlines for filing this form, but applications should be submitted as soon as needed to protect your rights to the family home.
  • 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

Hover a term to preview the meaning.

What this form is for

  • When seeking to prevent sale of the family home
  • When disputing rights of occupation
  • When a spouse objects to disposal of property
  • When court intervention is needed to resolve property disputes
  • When informal agreements have failed

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
SituationLikely formWhy it mattersCheck before you continue
Divorce proceedingsFamily Law Civil BillDifferent legal process with different requirementsConsult with a solicitor about which process to follow
Property dispute not involving family homeCivil BillDifferent legal protections applyConfirm the property qualifies as a family home under the Act
Urgent application without noticeEx parte applicationDifferent procedures and requirementsVerify your situation qualifies for urgent treatment
Appealing a court decisionNotice of AppealDifferent time limits and proceduresCheck the deadline for filing an appeal

Deadline or filing window

There are no statutory deadlines for filing this form, but applications should be submitted as soon as needed to protect your rights to the family home.

Before you submit

  • Complete all sections of the form
  • Include property details and address
  • List all parties involved
  • Sign and date the form
  • Pay the required court fee
  • Prepare copies for all parties
  • Check court requirements for serving notice

How to file this form

  1. 1Obtain the correct form from the Courts Service
  2. 2Complete all sections with accurate information
  3. 3Prepare supporting documents
  4. 4File the original with the appropriate court
  5. 5Pay the required fee
  6. 6Arrange for proper service on all parties
  7. 7Keep copies for your records

Known limitations

  • This form only applies to family homes as defined by the Act
  • Court decisions depend on the specific circumstances
  • Does not replace legal advice
  • May not be suitable for urgent situations requiring immediate court intervention

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Current Form Status

This form remains current under the Family Home Protection Act, 1976, but recent court rule changes may affect filing procedures.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Verify current court fees
  • Check for any recent amendments to the Family Home Protection Act
  • Confirm correct court location for filing
  • Ensure all required parties are identified
  • Check latest serving requirements for other parties

Quick Facts

Either spouse or co-owner of a family home who needs court intervention regarding rights to the property when agreement cannot be reached.
This form captures details about your application, including property information, parties involved, and the specific order you're seeking from the court.
Submit this form when you need court intervention regarding rights to the family home and cannot resolve the matter through agreement with other parties.
File this form at the relevant Circuit Court or High Court in Ireland, depending on the value of the property and the specific circumstances of your case.
Submitting correctly ensures your application is considered by the court and avoids delays that could impact your rights to the family home.
Complete the form with accurate information about the property and parties involved. Attach any relevant supporting documents. File the original with the court and keep copies for your records.

Form Details

Agency
Courts Service of Ireland
Revision Date
23/10/25

60.6  Notice Of Application For An Order Under Section 9 (5) - Family Home Protection Act, 1976

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After you file

  • Attend any required court hearings
  • Respond to any requests from the court for additional information
  • Keep copies of all court documents
  • Monitor the progress of your application
  • Prepare for potential court orders
  • Follow any court instructions carefully

Source and verification log

  • Form issued by Courts Service of Ireland
  • Related to Family Home Protection Act, 1976
  • Section 9(5) deals with court orders regarding family homes
  • Filed in Circuit Court or High Court depending on circumstances
  • Requires payment of court fees
  • Proper service on all parties is required

Common confusion points

6 things to watch for

  • 1

    Determining if a property qualifies as a family home

  • 2

    Understanding who needs to be served with notice

  • 3

    Calculating correct court fees

  • 4

    Choosing the appropriate court level

  • 5

    Preparing supporting evidence

  • 6

    Understanding timeframes for court proceedings

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