C.N. v T.N. (disclosure; vouching) (Approved) [2025] IEHC 712 (04 November 2025)

C.N. v T.N. (disclosure; vouching) (Approved) [2025] IEHC 712 (04 November 2025)

The Respondent has failed to comply with the mandatory requirement to vouch his Affidavit of Means within the prescribed period, and the absence of legal representation does not justify indefinite delay. The court grants a final 12-week period for compliance, after which the motion to strike out will be determined.

Citation
[2025] IEHC 712
Parties
Applicant: C. N.; Respondent: T. N.
Jurisdiction
Ireland
Judgment Date
04 November 2025
Procedural Posture
Family Law (divorce) / Interlocutory Motion to Strike Out Replying Affidavit and Counterclaim for Failure to Vouch Affidavit of Means
Outcome
Adjourned with directions
Legal Topics
Disclosure, Affidavit of Means, Vouching, Procedural Compliance
Family Law Disclosure Affidavit of Means Vouching Procedural Compliance

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Parties

C. N.

Applicant

T. N.

Respondent

Procedural Posture

Family Law (divorce) / Interlocutory Motion to Strike Out Replying Affidavit and Counterclaim for Failure to Vouch Affidavit of Means

Legal Issues

  1. 1 Whether the Respondent's replying affidavit and counterclaim should be struck out for failure to vouch his Affidavit of Means as required by court rules

Ratio Decidendi

The Respondent has failed to comply with the mandatory requirement to vouch his Affidavit of Means within the prescribed period, and the absence of legal representation does not justify indefinite delay. The court grants a final 12-week period for compliance, after which the motion to strike out will be determined.

Court Disposition

Adjourned with directions

Orders

  • Respondent is allowed 12 weeks (until 26 January 2026) to provide vouching for his Affidavit of Means.
  • Motion to strike out is adjourned for hearing to 9 February 2026.