L.D -v- M.A [2012] IEHC 584 (23 November 2012)

L.D -v- M.A [2012] IEHC 584 (23 November 2012)

The appellant's conduct was the major cause of the marriage breakdown but is not taken into account for financial provision. The appellant is not entitled to maintenance from the respondent. The London property is held on a resulting trust for the respondent's father. Marital assets and debts are to be divided equally, with specific directions for sale and allocation. Joint custody and access arrangements are made in the best interests of the children.

Citation
[2012] IEHC 584
Parties
Appellant: L. D.; Respondent: M. A.
Jurisdiction
Ireland
Judgment Date
23 November 2012
Procedural Posture
Family Law Appeal / Appeal From Circuit Court Order on Judicial Separation and Ancillary Relief
Outcome
Appeal dismissed in respect of maintenance and property claims; orders made for sale and division of assets, custody and access, and other ancillary relief.
Legal Topics
Judicial Separation, Ancillary Relief, Custody and Access, Maintenance, Property Adjustment, Resulting Trust
Family Law Judicial Separation Ancillary Relief Custody and Access Maintenance Property Adjustment Resulting Trust

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Parties

L. D.

Appellant

M. A.

Respondent

Procedural Posture

Family Law Appeal / Appeal From Circuit Court Order on Judicial Separation and Ancillary Relief

Legal Issues

  1. 1 Whether conduct of parties should affect financial provision and custody
  2. 2 Entitlement to maintenance by appellant from respondent
  3. 3 Division of marital assets and debts

Ratio Decidendi

The appellant's conduct was the major cause of the marriage breakdown but is not taken into account for financial provision. The appellant is not entitled to maintenance from the respondent. The London property is held on a resulting trust for the respondent's father. Marital assets and debts are to be divided equally, with specific directions for sale and allocation. Joint custody and access arrangements are made in the best interests of the children.

Court Disposition

Appeal dismissed in respect of maintenance and property claims; orders made for sale and division of assets, custody and access, and other ancillary relief.

Orders

  • Declaration that London property is owned by T M (respondent's father) and not part of marital assets.
  • Sale of Dublin 8 property, apartment, and Galway property directed; proceeds to reduce joint debts in specified order.