A. -v- B. [2012] IEHC 613 (07 June 2012)

A. -v- B. [2012] IEHC 613 (07 June 2012)

Transfers of Property A and Property B by respondent after commencement of family law proceedings were made with knowledge of proceedings and at least partial intention to defeat applicant's claim; s.35 Family Law Act 1995 applies and Court may attribute value to respondent for purposes of property adjustment order.

Citation
[2012] IEHC 613
Parties
Applicant: A.; Respondent: B.
Jurisdiction
Ireland
Judgment Date
07 June 2012
Procedural Posture
Family Law Motion / Interlocutory Hearing on S.35 Family Law Act 1995 Motion
Outcome
Order pursuant to s.35 Family Law Act 1995; value of transferred properties to be attributed to respondent for property adjustment order; earlier transfers to M not set aside.
Legal Topics
Judicial Separation, Property Adjustment Order, Setting Aside Dispositions, Transfer of Assets During Proceedings
Family Law Judicial Separation Property Adjustment Order Setting Aside Dispositions Transfer of Assets During Proceedings

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Parties

A.

Applicant

B.

Respondent

Procedural Posture

Family Law Motion / Interlocutory Hearing on S.35 Family Law Act 1995 Motion

Legal Issues

  1. 1 Whether respondent's property transfers after commencement of family law proceedings should be set aside under s.35 Family Law Act 1995
  2. 2 Whether respondent's earlier transfers to M were intended to defeat applicant's claim

Ratio Decidendi

Transfers of Property A and Property B by respondent after commencement of family law proceedings were made with knowledge of proceedings and at least partial intention to defeat applicant's claim; s.35 Family Law Act 1995 applies and Court may attribute value to respondent for purposes of property adjustment order.

Court Disposition

Order pursuant to s.35 Family Law Act 1995; value of transferred properties to be attributed to respondent for property adjustment order; earlier transfers to M not set aside.

Orders

  • Order under s.35 Family Law Act 1995 setting aside transfers of Property A and Property B for purposes of property adjustment order.
  • Value of these properties to be attributed to respondent, to be agreed or fixed at substantive hearing.