E.S -v- D.S [2012] IEHC 589 (07 December 2012)

E.S -v- D.S [2012] IEHC 589 (07 December 2012)

The High Court has jurisdiction to vary the original property and maintenance orders in light of the respondent's persistent non-compliance, non-disclosure, and changed circumstances, and it is appropriate to transfer the family home and three rental properties to the applicant subject to existing mortgages, and to vary maintenance to €2,400 per month apportioned between the applicant and children.

Citation
[2012] IEHC 589
Parties
Applicant: E. S.; Respondent: D. S.
Jurisdiction
Ireland
Judgment Date
07 December 2012
Procedural Posture
Judicial Separation and Ancillary Relief / Post Remittal Rehearing After Supreme Court Appeal
Outcome
Orders varied; family home and three rental properties transferred to applicant; maintenance varied to €2,400 per month apportioned €1,600 to applicant and €400 per child.
Legal Topics
Judicial Separation, Maintenance, Property Adjustment, Variation of Orders, Non Disclosure of Assets
Family Law Judicial Separation Maintenance Property Adjustment Variation of Orders Non Disclosure of Assets

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Parties

E. S.

Applicant

D. S.

Respondent

Procedural Posture

Judicial Separation and Ancillary Relief / Post Remittal Rehearing After Supreme Court Appeal

Legal Issues

  1. 1 Whether the High Court can vary the original property and maintenance orders following remittal from the Supreme Court
  2. 2 Whether the applicant is entitled to transfer of family home and rental properties
  3. 3 Appropriate maintenance in light of respondent's non-compliance and financial non-disclosure

Ratio Decidendi

The High Court has jurisdiction to vary the original property and maintenance orders in light of the respondent's persistent non-compliance, non-disclosure, and changed circumstances, and it is appropriate to transfer the family home and three rental properties to the applicant subject to existing mortgages, and to vary maintenance to €2,400 per month apportioned between the applicant and children.

Court Disposition

Orders varied; family home and three rental properties transferred to applicant; maintenance varied to €2,400 per month apportioned €1,600 to applicant and €400 per child.

Orders

  • Transfer of family home in Castleknock, Dublin 15 to applicant subject to mortgage
  • Transfer of three rental properties (Tallaght, Newmarket Square, Castleknock) to applicant subject to mortgages