B. -v- B. [2007] IEHC 491 (15 March 2007)

B. -v- B. [2007] IEHC 491 (15 March 2007)

The court held that proper provision for the wife required a combination of substantial annual maintenance (€120,000 gross, indexed), staged lump sum payments totalling €1.75m, immediate transfer of the husband's pension fund (€780,000), and a trust interest in 90% of the husband's 50% shareholding in the second retail company, with provision for further adjustment if the business prospers. A clean break was not possible due to the illiquidity and risk profile of the husband's business assets. The wife's contributions, including opportunity cost and support for the husband's business, were recognised. Succession rights were barred and pension adjustment ordered. The court balanced the...

Citation
[2007] IEHC 491
Parties
Applicant (wife): G. B.; Respondent (husband): A. B.; Applicant (husband, Divorce): A. B.; Respondent (wife, Divorce): G. B.
Jurisdiction
Ireland
Judgment Date
15 March 2007
Procedural Posture
Family Law Judicial Separation and Divorce / Final Judgment After Full Hearing
Outcome
Decree of divorce granted; ancillary relief orders made as set out.
Legal Topics
Judicial Separation, Divorce, Ancillary Relief, Maintenance, Pension Adjustment, Property Division, Proper Provision, Clean Break, Trusts, Succession Rights
Family Law Judicial Separation Divorce Ancillary Relief Maintenance Pension Adjustment Property Division Proper Provision +3 more

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Parties

G. B.

Applicant (wife)

A. B.

Respondent (husband)

A. B.

Applicant (husband, Divorce)

G. B.

Respondent (wife, Divorce)

Procedural Posture

Family Law Judicial Separation and Divorce / Final Judgment After Full Hearing

Legal Issues

  1. 1 Whether proper provision has been made for the wife under the Family Law (Divorce) Act 1996
  2. 2 Appropriate division of assets and income between spouses on divorce
  3. 3 Whether a clean break is possible given the liquidity and risk profile of the husband's business assets

Ratio Decidendi

The court held that proper provision for the wife required a combination of substantial annual maintenance (€120,000 gross, indexed), staged lump sum payments totalling €1.75m, immediate transfer of the husband's pension fund (€780,000), and a trust interest in 90% of the husband's 50% shareholding in the second retail company, with provision for further adjustment if the business prospers. A clean break was not possible due to the illiquidity and risk profile of the husband's business assets. The wife's contributions, including opportunity cost and support for the husband's business, were recognised. Succession rights were barred and pension adjustment ordered. The court balanced the...

Court Disposition

Decree of divorce granted; ancillary relief orders made as set out.

Orders

  • Husband to pay wife €120,000 gross annual maintenance, indexed to CPI, with additional benefits (car, VHI, insurance)
  • Husband to pay staged lump sums: €750,000 (1 May 2007), €250,000 (31 Dec 2008), €250,000 (31 Dec 2009), €500,000 (31 Dec 2010)