C. (R.) v. C. (C.) [1997] IEHC 4; [1997] 1 IR 334; [1997] 1 ILRM 401 (17th January, 1997)

C. (R.) v. C. (C.) [1997] IEHC 4; [1997] 1 IR 334; [1997] 1 ILRM 401 (17th January, 1997)

The High Court has jurisdiction under Article 41.3.2 of the Constitution to grant a decree of dissolution of marriage, and the constitutional requirements for such a decree have been satisfied in this case.

Citation
[1997] IEHC 4
Parties
Applicant: Plaintiff; Respondent: Defendant
Jurisdiction
Ireland
Procedural Posture
Dissolution of Marriage / Final Judgment
Outcome
Decree of dissolution of marriage granted
Legal Topics
Divorce, Jurisdiction of High Court, Provision for Children, Constitutional Interpretation
Family Law Constitutional Law Divorce Jurisdiction of High Court Provision for Children Constitutional Interpretation

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Parties

Plaintiff

Applicant

Defendant

Respondent

Procedural Posture

Dissolution of Marriage / Final Judgment

Legal Issues

  1. 1 Whether the High Court has jurisdiction under Article 41.3.2 of the Constitution to grant a decree of dissolution of marriage prior to the commencement of the Family Law (Divorce) Act, 1996
  2. 2 Whether the constitutional requirements for dissolution of marriage are satisfied in this case

Ratio Decidendi

The High Court has jurisdiction under Article 41.3.2 of the Constitution to grant a decree of dissolution of marriage, and the constitutional requirements for such a decree have been satisfied in this case.

Court Disposition

Decree of dissolution of marriage granted

Orders

  • Order for dissolution of marriage
  • Transfer of all three properties into the name and beneficial ownership of the wife