A.Y. -v- B.Y. [2018] IEHC 480 (07 August 2018)

A.Y. -v- B.Y. [2018] IEHC 480 (07 August 2018)

The principal reason for the applications was the husband's failure to comply with a consent order for financial provision. While the husband was ultimately relieved of further capital obligations due to his inability to pay, the wife's applications to enforce and resist variation were reasonable. Given the husband's precarious financial position and the wife's high net worth, and considering the wife's reasonable offer that each bear their own costs, the fairest order is that each party should bear their own costs.

Citation
[2018] IEHC 480
Parties
Applicant: A. Y.; Respondent: B. Y.
Jurisdiction
Ireland
Judgment Date
07 August 2018
Procedural Posture
Family Law Judicial Separation and Divorce / Costs Ruling After Substantive Judgment
Outcome
Each party to bear their own costs.
Legal Topics
Judicial Separation, Divorce, Enforcement of Orders, Variation of Orders, Costs
Family Law Judicial Separation Divorce Enforcement of Orders Variation of Orders Costs

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Parties

A. Y.

Applicant

B. Y.

Respondent

Procedural Posture

Family Law Judicial Separation and Divorce / Costs Ruling After Substantive Judgment

Legal Issues

  1. 1 Whether costs should be awarded to either party following motions to enforce and vary a consent order for financial provision on divorce

Ratio Decidendi

The principal reason for the applications was the husband's failure to comply with a consent order for financial provision. While the husband was ultimately relieved of further capital obligations due to his inability to pay, the wife's applications to enforce and resist variation were reasonable. Given the husband's precarious financial position and the wife's high net worth, and considering the wife's reasonable offer that each bear their own costs, the fairest order is that each party should bear their own costs.

Court Disposition

Each party to bear their own costs.

Orders

  • No order as to costs; each party to bear their own costs.