CC -v- NC [2012] IEHC 615 (02 March 2012)

CC -v- NC [2012] IEHC 615 (02 March 2012)

The 1988 settlement deed did not create a valid trust as no steps were taken to vest the property in the trustees and the requirements of the Statute of Frauds were not satisfied. The alleged 1987 marriage settlement was not proven and lacked sufficient evidence to constitute a binding trust. The prior judicial separation order does not bind the court in divorce proceedings where parties did not act upon it by agreement. Proper provision must be made for the respondent wife and children, but claims based on the alleged trusts are dismissed.

Citation
[2012] IEHC 615
Parties
Applicant Husband: CC; Respondent Wife: NC
Jurisdiction
Ireland
Judgment Date
02 March 2012
Procedural Posture
Divorce Proceedings / Final Judgment
Outcome
Claims based on the 1988 settlement deed and alleged 1987 marriage settlement dismissed; divorce granted; property adjustment and maintenance orders to be determined in accordance with statutory requirements.
Legal Topics
Divorce, Judicial Separation, Marriage Settlement, Trust Creation, Property Adjustment, Maintenance, Statute of Frauds
Family Law Trust Law Property Law Divorce Judicial Separation Marriage Settlement Trust Creation Property Adjustment +2 more

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Parties

CC

Applicant Husband

NC

Respondent Wife

Procedural Posture

Divorce Proceedings / Final Judgment

Legal Issues

  1. 1 Whether the 1988 settlement deed created a valid trust
  2. 2 Whether the alleged 1987 marriage settlement is enforceable
  3. 3 Effect of prior judicial separation order on divorce proceedings

Ratio Decidendi

The 1988 settlement deed did not create a valid trust as no steps were taken to vest the property in the trustees and the requirements of the Statute of Frauds were not satisfied. The alleged 1987 marriage settlement was not proven and lacked sufficient evidence to constitute a binding trust. The prior judicial separation order does not bind the court in divorce proceedings where parties did not act upon it by agreement. Proper provision must be made for the respondent wife and children, but claims based on the alleged trusts are dismissed.

Court Disposition

Claims based on the 1988 settlement deed and alleged 1987 marriage settlement dismissed; divorce granted; property adjustment and maintenance orders to be determined in accordance with statutory requirements.

Orders

  • Decree of divorce granted
  • Claims under 1988 settlement deed dismissed