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 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

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Parties

Applicant

Applicant

Respondent

Respondent

Procedural Posture

Family Law / Final Judgment

  1. 1 Whether the parties have lived apart for the statutory period under the Family Law (Divorce) Act, 1996
  2. 2 Proper provision for the spouses on divorce
  3. 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