McA. (M.) v. McA (X.) [2000] IEHC 6; [2000] 1 IR 457; [2000] 2 ILRM 48 (21st January, 2000)
The parties have lived apart for the statutory period, both physically and mentally, satisfying section 5 of the Family Law (Divorce) Act, 1996. Proper provision is made for both parties, including valuation and transfer of assets, periodic and lump sum payments.
- Citation
- [2000] 2 ILRM 48
- Parties
- Applicant: Applicant; Respondent: Respondent
- Jurisdiction
- Ireland
- Procedural Posture
- Family Law / Final Judgment
- Outcome
- Decree of Divorce granted; ancillary financial orders made.
- Legal Topics
- Judicial Separation, Divorce, Ancillary Financial Orders, Living Apart, Valuation of Business Shares
Case Brief
Summary, issues, holding and outcome
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Parties
Applicant
Applicant
Respondent
Respondent
Procedural Posture
Family Law / Final Judgment
Legal Issues
- 1 Whether the parties have lived apart for the statutory period under the Family Law (Divorce) Act, 1996
- 2 Proper provision for the spouses on divorce
- 3 Valuation of Applicant's shareholding in family business
Ratio Decidendi
The parties have lived apart for the statutory period, both physically and mentally, satisfying section 5 of the Family Law (Divorce) Act, 1996. Proper provision is made for both parties, including valuation and transfer of assets, periodic and lump sum payments.
Court Disposition
Decree of Divorce granted; ancillary financial orders made.
Orders
- Respondent to acquire Applicant's 15% shareholding in family business for £1,200,000.00
- Applicant to receive family home, apartment in Tenerife, shop and adjoining house, house in Dublin
Full Case Text
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