P.D. -v- R.D. [2015] IEHC 174 (13 March 2015)
The wife is entitled to a decree of judicial separation on grounds of husband's adultery and unreasonable behaviour. Proper provision requires substantial maintenance for wife and children, transfer of key assets, and division of pension, reflecting contributions and standard of living during marriage.
- Citation
- [2015] IEHC 174
- Parties
- Applicant: P. D.; Respondent: R. D.
- Jurisdiction
- Ireland
- Judgment Date
- 13 March 2015
- Procedural Posture
- Judicial Separation / Final Judgment
- Outcome
- Decree of judicial separation granted in favour of wife; ancillary orders for proper provision issued.
- Legal Topics
- Judicial Separation, Ancillary Relief, Proper Provision, Maintenance, Asset Division
Case Brief
Summary, issues, holding and outcome
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Parties
P. D.
Applicant
R. D.
Respondent
Procedural Posture
Judicial Separation / Final Judgment
Legal Issues
- 1 Whether grounds for judicial separation are satisfied
- 2 What constitutes proper provision for spouse and dependent children
- 3 Division of matrimonial assets
Ratio Decidendi
The wife is entitled to a decree of judicial separation on grounds of husband's adultery and unreasonable behaviour. Proper provision requires substantial maintenance for wife and children, transfer of key assets, and division of pension, reflecting contributions and standard of living during marriage.
Court Disposition
Decree of judicial separation granted in favour of wife; ancillary orders for proper provision issued.
Orders
- Husband to pay wife €18,000 per month (gross) as periodical payment, €15,000 for wife, €3,000 for four dependent children.
- Ownership of holiday home transferred to wife.
Full Case Text
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