D. -v- D. [2007] IEHC 492 (30 July 2007)

D. -v- D. [2007] IEHC 492 (30 July 2007)

The separation agreement of 1985 does not constitute proper provision for the applicant under current circumstances. The applicant is not entitled to arrears of maintenance for periods of cohabitation or lack of disclosure. Proper provision requires a lump sum and asset division, not merely maintenance, given the applicant's contributions and the ample resources available.

Citation
[2007] IEHC 492
Parties
Applicant: S. D.; Respondent: B. D.
Jurisdiction
Ireland
Judgment Date
30 July 2007
Procedural Posture
Divorce Proceedings / Final Judgment
Outcome
Decree of divorce granted. Maintenance arrears refused for periods of cohabitation and lack of disclosure. Proper provision to be made by lump sum and asset division.
Legal Topics
Divorce, Ancillary Relief, Maintenance, Asset Division, Separation Agreement, Proper Provision
Family Law Divorce Ancillary Relief Maintenance Asset Division Separation Agreement Proper Provision

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Parties

S. D.

Applicant

B. D.

Respondent

Procedural Posture

Divorce Proceedings / Final Judgment

Legal Issues

  1. 1 Whether the separation agreement of 1985 constitutes proper provision for the applicant under the Family Law (Divorce) Act 1996
  2. 2 Whether the applicant is entitled to arrears of maintenance
  3. 3 What constitutes proper provision for the applicant in light of the assets, income, and contributions of both parties

Ratio Decidendi

The separation agreement of 1985 does not constitute proper provision for the applicant under current circumstances. The applicant is not entitled to arrears of maintenance for periods of cohabitation or lack of disclosure. Proper provision requires a lump sum and asset division, not merely maintenance, given the applicant's contributions and the ample resources available.

Court Disposition

Decree of divorce granted. Maintenance arrears refused for periods of cohabitation and lack of disclosure. Proper provision to be made by lump sum and asset division.

Orders

  • Decree of divorce pursuant to s.5(1) of the Family Law (Divorce) Act 1996
  • Maintenance arrears refused for periods of cohabitation and lack of disclosure