J.K -v- R.K. [2014] IEHC 451 (08 July 2014)

J.K -v- R.K. [2014] IEHC 451 (08 July 2014)

A decree of judicial separation is granted as the marriage has irretrievably broken down. Proper provision is achieved by dividing properties, investments, and pensions as specified, awarding the wife 40% of the aggregate pension value, 40% of the death-in-service benefit, and €6,000 per month maintenance, with no order for continued health insurance or legal costs contribution.

Citation
[2014] IEHC 451
Parties
Applicant: J. K.; Respondent: R. K.
Jurisdiction
Ireland
Judgment Date
08 July 2014
Procedural Posture
Judicial Separation and Ancillary Reliefs / Final Judgment
Outcome
Decree of judicial separation granted; ancillary orders made as specified.
Legal Topics
Judicial Separation, Ancillary Relief, Maintenance, Pension Adjustment, Property Adjustment, Death in Service Benefit
Family Law Judicial Separation Ancillary Relief Maintenance Pension Adjustment Property Adjustment Death in Service Benefit

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Parties

J. K.

Applicant

R. K.

Respondent

Procedural Posture

Judicial Separation and Ancillary Reliefs / Final Judgment

Legal Issues

  1. 1 Whether a decree of judicial separation should be granted
  2. 2 What ancillary orders are appropriate regarding property, pensions, maintenance, and benefits

Ratio Decidendi

A decree of judicial separation is granted as the marriage has irretrievably broken down. Proper provision is achieved by dividing properties, investments, and pensions as specified, awarding the wife 40% of the aggregate pension value, 40% of the death-in-service benefit, and €6,000 per month maintenance, with no order for continued health insurance or legal costs contribution.

Court Disposition

Decree of judicial separation granted; ancillary orders made as specified.

Orders

  • Decree of judicial separation on the ground set out at s. 2(1)(f) of the 1989 Act.
  • Property adjustment orders: wife to have sole ownership of the foreign property, husband to have sole ownership of the Irish property.