K. (A.) v. K. (P.) [2000] IEHC 210 (13th March, 2000)

K. (A.) v. K. (P.) [2000] IEHC 210 (13th March, 2000)

The marriage had irretrievably broken down, the parties had lived apart for over two years, and the Applicant was entitled to judicial separation, periodical payments, a property adjustment order, and preservation of pension rights based on statutory provisions and the evidence presented.

Citation
[2000] IEHC 210
Parties
Applicant: Applicant; Respondent: Respondent
Jurisdiction
Ireland
Procedural Posture
Judicial Separation / Judgment
Outcome
Decree of judicial separation granted; periodical payment order made; property adjustment order made; preservation of pension entitlement ordered; no order as to costs yet.
Legal Topics
Judicial Separation, Periodical Payment Order, Property Adjustment Order, Pension Entitlement
Family Law Judicial Separation Periodical Payment Order Property Adjustment Order Pension Entitlement

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Parties

Applicant

Applicant

Respondent

Respondent

Procedural Posture

Judicial Separation / Judgment

Legal Issues

  1. 1 Whether the parties are entitled to a decree of judicial separation
  2. 2 Appropriate periodical payment to the Applicant
  3. 3 Equitable division of property between the parties

Ratio Decidendi

The marriage had irretrievably broken down, the parties had lived apart for over two years, and the Applicant was entitled to judicial separation, periodical payments, a property adjustment order, and preservation of pension rights based on statutory provisions and the evidence presented.

Court Disposition

Decree of judicial separation granted; periodical payment order made; property adjustment order made; preservation of pension entitlement ordered; no order as to costs yet.

Orders

  • Decree of judicial separation pursuant to Section 2(d) and (f) of the 1995 Act
  • Periodical payment order of £375 per week net to Applicant under Section 8(1)(a)