L. -v- L. [2007] IEHC 438 (16 October 2007)

L. -v- L. [2007] IEHC 438 (16 October 2007)

Proper provision for the wife and children requires transfer of specified properties, pension adjustment, lump sum payment, and maintenance for dependent children, based on statutory factors and the parties' contributions. The husband's conduct is not 'obvious and gross' and is disregarded. The husband retains the building company and public houses due to their economic significance.

Citation
[2007] IEHC 438
Parties
Applicant: M. L.; Respondent: S. L.; Applicant: S. L.; Respondent: M. L.
Jurisdiction
Ireland
Judgment Date
16 October 2007
Procedural Posture
Divorce and Judicial Separation / Final Judgment
Outcome
decree of divorce granted; ancillary reliefs ordered
Legal Topics
Judicial Separation, Divorce, Ancillary Relief, Property Division, Maintenance, Pensions
Family Law Judicial Separation Divorce Ancillary Relief Property Division Maintenance Pensions

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Parties

M. L.

Applicant

S. L.

Respondent

S. L.

Applicant

M. L.

Respondent

Procedural Posture

Divorce and Judicial Separation / Final Judgment

Legal Issues

  1. 1 proper provision for spouses and dependent children
  2. 2 division of assets
  3. 3 maintenance payments

Ratio Decidendi

Proper provision for the wife and children requires transfer of specified properties, pension adjustment, lump sum payment, and maintenance for dependent children, based on statutory factors and the parties' contributions. The husband's conduct is not 'obvious and gross' and is disregarded. The husband retains the building company and public houses due to their economic significance.

Court Disposition

decree of divorce granted; ancillary reliefs ordered

Orders

  • Transfer of family home, adjoining site, investment properties A, B, C, site adjacent to investment property C, and investment property D to wife.
  • Husband to pay wife €5,000 per annum per dependent child in third level education, index linked, until age 23.