C.D v P.D [2006] IEHC 100 (15 March 2006)

C.D v P.D [2006] IEHC 100 (15 March 2006)

Proper provision for the applicant and children requires transfer of the family home and contents to the applicant, transfer of the other Dublin property to the respondent, maintenance of €10,000 per month net (index linked), a lump sum of €500,000 to the applicant, respondent to replace applicant's car every three years, respondent to pay educational and health insurance costs for the children, and no extinguishment of Succession Act rights at this stage due to the respondent's unpredictable future financial position and the applicant's stated intention to seek divorce in due course.

Citation
[2006] IEHC 100
Parties
Applicant: C. D.; Respondent: P. D.
Jurisdiction
Ireland
Judgment Date
15 March 2006
Procedural Posture
Judicial Separation and Ancillary Relief / Final Judgment After Special Summons and Affidavits
Outcome
Judicial separation granted with ancillary orders for custody, maintenance, division of assets, and other reliefs as specified.
Legal Topics
Judicial Separation, Ancillary Relief, Proper Provision, Custody and Access, Maintenance, Succession Act Rights
Family Law Judicial Separation Ancillary Relief Proper Provision Custody and Access Maintenance Succession Act Rights

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Parties

C. D.

Applicant

P. D.

Respondent

Procedural Posture

Judicial Separation and Ancillary Relief / Final Judgment After Special Summons and Affidavits

Legal Issues

  1. 1 Whether the requirements for judicial separation are met
  2. 2 What constitutes proper provision for the applicant and children
  3. 3 Whether Succession Act rights should be extinguished at this stage

Ratio Decidendi

Proper provision for the applicant and children requires transfer of the family home and contents to the applicant, transfer of the other Dublin property to the respondent, maintenance of €10,000 per month net (index linked), a lump sum of €500,000 to the applicant, respondent to replace applicant's car every three years, respondent to pay educational and health insurance costs for the children, and no extinguishment of Succession Act rights at this stage due to the respondent's unpredictable future financial position and the applicant's stated intention to seek divorce in due course.

Court Disposition

Judicial separation granted with ancillary orders for custody, maintenance, division of assets, and other reliefs as specified.

Orders

  • Judicial separation granted under s.2(1)(f) of the Judicial Separation and Family Law Reform Act 1989.
  • Joint custody of children with applicant as primary carer and detailed access arrangements.