P. (P.) v. P. (A.) [1999] IEHC 60 (14th December, 1999)

P. (P.) v. P. (A.) [1999] IEHC 60 (14th December, 1999)

The Court determined that a substantial lump sum and periodic maintenance were necessary to provide for the Applicant and dependent child, taking into account the Respondent's assets, the need for housing, and the likelihood of reduced maintenance in the future. The Respondent's lack of candour regarding his assets justified a higher award.

Citation
[1999] IEHC 60
Parties
Applicant: Applicant; Respondent: Respondent
Jurisdiction
Ireland
Procedural Posture
Family Law Ancillary Relief / Judgment
Outcome
Ancillary relief granted
Legal Topics
Maintenance, Lump Sum Payment, Pension Adjustment Order, Disclosure of Assets, Succession Rights
Family Law Maintenance Lump Sum Payment Pension Adjustment Order Disclosure of Assets Succession Rights

Case Brief

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Parties

Applicant

Applicant

Respondent

Respondent

Procedural Posture

Family Law Ancillary Relief / Judgment

Legal Issues

  1. 1 Determination of appropriate lump sum and maintenance payments on marital breakdown
  2. 2 Disclosure and valuation of assets for ancillary relief
  3. 3 Adjustment of pension rights under Family Law Act, 1995

Ratio Decidendi

The Court determined that a substantial lump sum and periodic maintenance were necessary to provide for the Applicant and dependent child, taking into account the Respondent's assets, the need for housing, and the likelihood of reduced maintenance in the future. The Respondent's lack of candour regarding his assets justified a higher award.

Court Disposition

Ancillary relief granted

Orders

  • Respondent to pay Applicant a lump sum of £425,000, subject to adjustment based on net sale proceeds of family home.
  • Respondent to pay Applicant £300 per week for her maintenance and £50 per week for maintenance of the dependent daughter until she attains 23 years of age.