B.R. v P.T. (Approved) [2020] IEHC 205 (21 February 2020)

B.R. v P.T. (Approved) [2020] IEHC 205 (21 February 2020)

The appellant failed to prove any relevant change in circumstances or misbehaviour by the respondent that would justify revising the financial provision made at judicial separation. His financial position is the result of his own choices and not attributable to the respondent. Proper provision existed at the time of...

Source-derived case information.

Citation
[2020] IEHC 205
Parties
Appellant: B. R.; Respondent: P. T.
Jurisdiction
Ireland
Judgment Date
21 February 2020
Procedural Posture
Family Law Appeal (divorce) / High Court Appeal From Circuit Court Judgment
Outcome
Appeal dismissed; Circuit Court order affirmed with variations.
Legal Topics
Divorce, Judicial Separation, Proper Provision, Maintenance, Custody, Access, Pension Adjustment Orders
Family Law Divorce Judicial Separation Proper Provision Maintenance Custody Access Pension Adjustment Orders

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 11
Sign in to unlock

Parties

B. R.

Appellant

P. T.

Respondent

Procedural Posture

Family Law Appeal (divorce) / High Court Appeal From Circuit Court Judgment

Legal Issues

  1. 1 Whether proper provision was made for both parties at the time of judicial separation and whether it should be revised on divorce
  2. 2 Whether the appellant is entitled to financial relief including maintenance and pension adjustment orders
  3. 3 Whether access and custody arrangements require variation

Ratio Decidendi

The appellant failed to prove any relevant change in circumstances or misbehaviour by the respondent that would justify revising the financial provision made at judicial separation. His financial position is the result of his own choices and not attributable to the respondent. Proper provision existed at the time of judicial separation and remains adequate. The appeal is dismissed and the Circuit Court order affirmed with minor variations.

Court Disposition

Appeal dismissed; Circuit Court order affirmed with variations.

Orders

  • Decree of divorce granted.
  • Joint custody of dependent children M. and D. affirmed.