K. (A.) v. K. (P.) [2000] IEHC 24 (13th March, 2000)

K. (A.) v. K. (P.) [2000] IEHC 24 (13th March, 2000)

The court found that the marital relationship 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 the evidence of means, needs, and contributions.

Citation
[2000] IEHC 24
Parties
Applicant: Applicant; Respondent: Respondent
Jurisdiction
Ireland
Procedural Posture
Judicial Separation / Final Judgment
Outcome
Decree of judicial separation granted; periodical payment order made; property adjustment order made; pension preservation order made; no order as to Section 11 or 14; costs to be determined.
Legal Topics
Judicial Separation, Periodical Payment Order, Property Adjustment Order, Pension Entitlement
Family Law Judicial Separation Periodical Payment Order Property Adjustment Order Pension Entitlement

Case Brief

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Parties

Applicant

Applicant

Respondent

Respondent

Procedural Posture

Judicial Separation / Final Judgment

Legal Issues

  1. 1 Whether the parties are entitled to a decree of judicial separation
  2. 2 Determination of appropriate periodical payments
  3. 3 Division of property and assets

Ratio Decidendi

The court found that the marital relationship 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 the evidence of means, needs, and contributions.

Court Disposition

Decree of judicial separation granted; periodical payment order made; property adjustment order made; pension preservation order made; no order as to Section 11 or 14; costs to be determined.

Orders

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