McM. v McM. [2006] IEHC 451 (29 November 2006)

McM. v McM. [2006] IEHC 451 (29 November 2006)

The court found that the husband's financial circumstances had improved substantially since the 1991 separation agreement, and that the wife had not shared in the dramatic economic growth. The prior settlement, while reasonable, should not restrain the court from making proper provision for the wife, including increased maintenance, capital, pension, and shareholding adjustments, to reflect her needs and contributions and to compensate for loss of succession rights.

Citation
[2006] IEHC 451
Parties
Applicant: S. McM.; Respondent: M. McM.
Jurisdiction
Ireland
Judgment Date
29 November 2006
Procedural Posture
Divorce and Ancillary Relief / Final Judgment
Outcome
decree of divorce granted; proper provision made for wife
Legal Topics
Divorce, Ancillary Relief, Maintenance, Pension Division, Property Division
Family Law Divorce Ancillary Relief Maintenance Pension Division Property Division

Case Brief

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Parties

S. McM.

Applicant

M. McM.

Respondent

Procedural Posture

Divorce and Ancillary Relief / Final Judgment

Legal Issues

  1. 1 valuation of husband's shareholding in family business
  2. 2 extent of regard to prior separation agreement
  3. 3 quantum of proper provision for wife

Ratio Decidendi

The court found that the husband's financial circumstances had improved substantially since the 1991 separation agreement, and that the wife had not shared in the dramatic economic growth. The prior settlement, while reasonable, should not restrain the court from making proper provision for the wife, including increased maintenance, capital, pension, and shareholding adjustments, to reflect her needs and contributions and to compensate for loss of succession rights.

Court Disposition

decree of divorce granted; proper provision made for wife

Orders

  • annual maintenance for wife increased to €90,000, reviewable and secured on husband's ARF and €500,000 of portfolio
  • lump sum payment of €400,000 by husband to wife