McA. (M.) v. McA (X.) [2000] IEHC 6; [2000] 1 IR 457; [2000] 2 ILRM 48 (21st January, 2000)

McA. (M.) v. McA (X.) [2000] IEHC 6; [2000] 1 IR 457; [2000] 2 ILRM 48 (21st January, 2000)

The parties, though living under the same roof for part of the relevant period, were living apart within the meaning of section 5 of the Family Law (Divorce) Act, 1996, as evidenced by their lack of marital relationship and mutual intention not to resume such a relationship. The Respondent is entitled to a Decree of Divorce, and proper financial provision is made for the Applicant based on the valuation of her shareholding and other assets.

Citation
[2000] IEHC 6
Parties
Applicant: Applicant; Respondent: Respondent
Jurisdiction
Ireland
Procedural Posture
Family Law Divorce and Judicial Separation / Judgment After Full Hearing
Outcome
Decree of Divorce granted to the Respondent; ancillary financial orders made in favour of the Applicant.
Legal Topics
Divorce, Judicial Separation, Ancillary Relief, Living Apart, Financial Provision
Family Law Divorce Judicial Separation Ancillary Relief Living Apart Financial Provision

Case Brief

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Parties

Applicant

Applicant

Respondent

Respondent

Procedural Posture

Family Law Divorce and Judicial Separation / Judgment After Full Hearing

Legal Issues

  1. 1 Whether the parties have lived apart for the requisite period under section 5 of the Family Law (Divorce) Act, 1996
  2. 2 Whether the Respondent is entitled to a Decree of Divorce
  3. 3 Proper financial provision for the Applicant

Ratio Decidendi

The parties, though living under the same roof for part of the relevant period, were living apart within the meaning of section 5 of the Family Law (Divorce) Act, 1996, as evidenced by their lack of marital relationship and mutual intention not to resume such a relationship. The Respondent is entitled to a Decree of Divorce, and proper financial provision is made for the Applicant based on the valuation of her shareholding and other assets.

Court Disposition

Decree of Divorce granted to the Respondent; ancillary financial orders made in favour of the Applicant.

Orders

  • Respondent to acquire Applicant’s 15% shareholding in the family company for £1,200,000.00
  • Applicant to receive the family home, apartment in Tenerife, shop and adjoining house, and house in Dublin