C v N (Section 35 Relief) (Approved) [2024] IEHC 756 (09 October 2024)

C v N (Section 35 Relief) (Approved) [2024] IEHC 756 (09 October 2024)

The share transfers by the Respondent to Ms. B and Mr. S (Junior) were made within three years prior to the application, triggering the statutory presumption of intention to defeat the Applicant's claim for relief. No credible evidence of valuable consideration or bona fide purchase was provided, and transferees had...

Source-derived case information.

Citation
[2024] IEHC 756
Parties
Applicant: A. O. C; Respondent: F. L. N; Third Party Transferee: Ms. B; Third Party Transferee: Mr. S (Junior)
Jurisdiction
Ireland
Judgment Date
09 October 2024
Procedural Posture
Family Law Post Foreign Divorce Asset Relief / Section 35 Motion, Post Divorce, Interlocutory Judgment
Outcome
Section 35 order confirmed; share transfers set aside; freezing orders granted; costs reserved to hearing.
Legal Topics
Reviewable Disposition, Asset Preservation, Foreign Divorce, Freezing Orders, Disclosure
Family Law Property Law International Private Law Reviewable Disposition Asset Preservation Foreign Divorce Freezing Orders Disclosure

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Parties

A. O. C

Applicant

F. L. N

Respondent

Ms. B

Third Party Transferee

Mr. S (Junior)

Third Party Transferee

Procedural Posture

Family Law Post Foreign Divorce Asset Relief / Section 35 Motion, Post Divorce, Interlocutory Judgment

Legal Issues

  1. 1 Whether the share transfers by the Respondent constituted reviewable dispositions intended to defeat the Applicant's claim for relief under Section 35 of the Family Law Act, 1995
  2. 2 Whether the statutory presumption of intention to defeat applies due to timing of disposition
  3. 3 Whether transferees were bona fide purchasers for value without notice

Ratio Decidendi

The share transfers by the Respondent to Ms. B and Mr. S (Junior) were made within three years prior to the application, triggering the statutory presumption of intention to defeat the Applicant's claim for relief. No credible evidence of valuable consideration or bona fide purchase was provided, and transferees had notice of matrimonial proceedings. The requirements of Section 35 were fulfilled; the transfers were set aside and freezing orders granted.

Court Disposition

Section 35 order confirmed; share transfers set aside; freezing orders granted; costs reserved to hearing.

Orders

  • Order setting aside share transfers to Ms. B and Mr. S (Junior) under Section 35 of the Family Law Act, 1995
  • Freezing order in respect of any disposition concerning Mr. N's shareholding in [COMPANY REDACTED]