D. (C.E.) v. D. (A.) [2005] IEHC 412 (13 December 2005)

D. (C.E.) v. D. (A.) [2005] IEHC 412 (13 December 2005)

The parties have lived separate and apart as required by law, there is no reasonable prospect of reconciliation, and proper provision for the applicant and dependent child requires transfer of specified lands and financial payments.

Citation
[2005] IEHC 412
Parties
Applicant: C. E. D.; Respondent: A. D.
Jurisdiction
Ireland
Judgment Date
13 December 2005
Procedural Posture
Divorce / Final Judgment
Outcome
Divorce granted; proper provision ordered.
Legal Topics
Divorce, Property Division, Child Custody, Financial Provision
Family Law Divorce Property Division Child Custody Financial Provision

Case Brief

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Parties

C. E. D.

Applicant

A. D.

Respondent

Procedural Posture

Divorce / Final Judgment

Legal Issues

  1. 1 Whether the parties have lived separate and apart within the meaning of s. 5(1) of the Family Law (Divorce) Act 1996
  2. 2 Whether there is a reasonable prospect of reconciliation
  3. 3 What constitutes proper provision for the spouses and dependent child

Ratio Decidendi

The parties have lived separate and apart as required by law, there is no reasonable prospect of reconciliation, and proper provision for the applicant and dependent child requires transfer of specified lands and financial payments.

Court Disposition

Divorce granted; proper provision ordered.

Orders

  • Transfer of C. L. to applicant with mortgage paid off by respondent
  • Transfer of 10-acre field behind C. L. to applicant