A.B. v C.B. (proper provision; sale of assets) (Approved) [2026] IEHC 108 (06 February 2026)

A.B. v C.B. (proper provision; sale of assets) (Approved) [2026] IEHC 108 (06 February 2026)

Proper provision does not require exclusion of Respondent from sale process; both parties must cooperate in sale of combined shareholdings in Company D, with equal division of proceeds. Applicant is responsible for repayment of family loan used to acquire shares. Income from Company B to be retained by Applicant for support of dependent children, then divided equally post-dependency. Maintenance to be paid by Respondent to children upon receipt of sale proceeds.

Citation
[2026] IEHC 108
Parties
Applicant: A. B.; Respondent: C. B.
Jurisdiction
Ireland
Judgment Date
06 February 2026
Procedural Posture
Judicial Separation and Ancillary Relief / Final Judgment
Outcome
Decree of Judicial Separation granted; ancillary relief orders made.
Legal Topics
Judicial Separation, Ancillary Relief, Division of Assets, Maintenance, Sale of Shares, Proper Provision
Family Law Judicial Separation Ancillary Relief Division of Assets Maintenance Sale of Shares Proper Provision

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Parties

A. B.

Applicant

C. B.

Respondent

Procedural Posture

Judicial Separation and Ancillary Relief / Final Judgment

Legal Issues

  1. 1 Whether proper provision requires transfer of Respondent's shares to Applicant for sale of Company D
  2. 2 How proceeds of sale of Company D should be divided
  3. 3 Maintenance for dependent children

Ratio Decidendi

Proper provision does not require exclusion of Respondent from sale process; both parties must cooperate in sale of combined shareholdings in Company D, with equal division of proceeds. Applicant is responsible for repayment of family loan used to acquire shares. Income from Company B to be retained by Applicant for support of dependent children, then divided equally post-dependency. Maintenance to be paid by Respondent to children upon receipt of sale proceeds.

Court Disposition

Decree of Judicial Separation granted; ancillary relief orders made.

Orders

  • Sale of combined shareholdings in Company D with equal division of proceeds
  • Applicant responsible for repayment of family loan used for share acquisition