A v A (Approved) [2023] IEHC 375 (12 January 2023)

A v A (Approved) [2023] IEHC 375 (12 January 2023)

Proper provision requires a roughly equal division of family assets, reflecting the equal partnership of breadwinner and homemaker, with the family home awarded to the homemaker spouse and a lump sum payment ordered to achieve a clean break, subject to caveats regarding jointly owned assets and the family business.

Citation
[2023] IEHC 375
Parties
Applicant: Ms A; Respondent: Mr A
Jurisdiction
Ireland
Judgment Date
12 January 2023
Procedural Posture
Divorce / Final Judgment
Outcome
Decree of divorce granted; 50/50 split of family assets ordered, with caveats.
Legal Topics
Divorce, Asset Division, Proper Provision, Clean Break, Homemaker Contribution, Non Discrimination
Family Law Divorce Asset Division Proper Provision Clean Break Homemaker Contribution Non Discrimination

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Parties

Ms A

Applicant

Mr A

Respondent

Procedural Posture

Divorce / Final Judgment

Legal Issues

  1. 1 What constitutes proper provision for spouses on divorce under the Family Law (Divorce) Act 1996?
  2. 2 How should assets be divided between breadwinner and homemaker in a long marriage?
  3. 3 Is a clean break appropriate given the amplitude of resources?

Ratio Decidendi

Proper provision requires a roughly equal division of family assets, reflecting the equal partnership of breadwinner and homemaker, with the family home awarded to the homemaker spouse and a lump sum payment ordered to achieve a clean break, subject to caveats regarding jointly owned assets and the family business.

Court Disposition

Decree of divorce granted; 50/50 split of family assets ordered, with caveats.

Orders

  • Mr A to pay Ms A one half of the value of family assets (excluding the family business and adjusting for jointly owned assets and the family home).
  • Family home awarded to Ms A; Mr A to vacate immediately.