R. v M. (Approved) [2023] IEHC 748 (20 December 2023)

R. v M. (Approved) [2023] IEHC 748 (20 December 2023)

The statutory requirements for divorce are satisfied, including living apart, no reasonable prospect of reconciliation, and proper provision for spouses and dependent children. The court exercised its discretion to grant the decree of divorce and ancillary orders, finding no principled objection to the parties continuing to reside in the same dwelling post-divorce given their bona fide intentions and the stability provided for the children.

Citation
[2023] IEHC 748
Parties
Appellant: R.; Respondent: M.
Jurisdiction
Ireland
Judgment Date
20 December 2023
Procedural Posture
Family Law Appeal / Appeal From Circuit Court Decision
Outcome
decree of divorce granted; ancillary orders made as per settlement
Legal Topics
Divorce, Ancillary Relief, Custody, Property Adjustment, Child Maintenance
Family Law Divorce Ancillary Relief Custody Property Adjustment Child Maintenance

Case Brief

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Parties

R.

Appellant

M.

Respondent

Procedural Posture

Family Law Appeal / Appeal From Circuit Court Decision

Legal Issues

  1. 1 Whether the statutory requirements for divorce under s.5 of the Family Law (Divorce) Act 1996 are satisfied
  2. 2 Whether the court should exercise its discretion to grant a decree of divorce where parties continue to reside in the same dwelling post-divorce
  3. 3 Proper provision for dependent children and spouses

Ratio Decidendi

The statutory requirements for divorce are satisfied, including living apart, no reasonable prospect of reconciliation, and proper provision for spouses and dependent children. The court exercised its discretion to grant the decree of divorce and ancillary orders, finding no principled objection to the parties continuing to reside in the same dwelling post-divorce given their bona fide intentions and the stability provided for the children.

Court Disposition

decree of divorce granted; ancillary orders made as per settlement

Orders

  • Decree of divorce pursuant to s.5(1) of the Family Law (Divorce) Act 1996
  • Order for child maintenance: €100 per child per week to applicant, plus 50% of net uninsured necessary and agreed expenses