D.J. v M.K.J. [2013] IEHC 640 (31 July 2013)

D.J. v M.K.J. [2013] IEHC 640 (31 July 2013)

The applicant is entitled to a partial variation of the lump sum payment due to financial pressures, but the court will not substantially interfere with comprehensive prior orders; the sum due on 9th June 2013 is reduced and payment dates extended.

Citation
[2013] IEHC 640
Parties
Applicant: D. J.; Respondent: M. K. J.
Jurisdiction
Ireland
Judgment Date
31 July 2013
Procedural Posture
Divorce Proceedings / Final Judgment
Outcome
Decree of divorce granted; partial variation of lump sum payment; extension of payment dates; mutual s.18(10) orders.
Legal Topics
Divorce, Variation of Financial Orders, Maintenance, Judicial Separation, Pension Adjustment, Property Transfer
Family Law Divorce Variation of Financial Orders Maintenance Judicial Separation Pension Adjustment Property Transfer

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Parties

D. J.

Applicant

M. K. J.

Respondent

Procedural Posture

Divorce Proceedings / Final Judgment

Legal Issues

  1. 1 Whether financial orders from judicial separation should be varied due to changed circumstances
  2. 2 Whether proper provision was made for respondent and children
  3. 3 Whether applicant's financial circumstances justify variation of lump sum payments

Ratio Decidendi

The applicant is entitled to a partial variation of the lump sum payment due to financial pressures, but the court will not substantially interfere with comprehensive prior orders; the sum due on 9th June 2013 is reduced and payment dates extended.

Court Disposition

Decree of divorce granted; partial variation of lump sum payment; extension of payment dates; mutual s.18(10) orders.

Orders

  • Sum of €135,000 due on 9th June 2013 varied to €67,500.
  • Payment of €67,500 extended to 1st April 2014.