Donnelly v Donnelly [2010] NIMaster 5 (21 April 2010)

Donnelly v Donnelly [2010] NIMaster 5 (21 April 2010)

A clean break is appropriate. The wife's needs cannot be met without recourse to inherited property. The farm is not a profitable business and emotional attachment does not outweigh the wife's entitlement. A property adjustment order and pension sharing order are necessary to achieve fairness, resulting in a 46.35%/53.65% capital split in favour of the husband and a 25% pension share to the husband.

Citation
[2010] NIMaster 5
Parties
Petitioner: Mary Philomena Donnelly; Respondent: Patrick Gerard Donnelly
Jurisdiction
Northern Ireland
Judgment Date
21 April 2010
Procedural Posture
Ancillary Relief (family/matrimonial) / Judgment After Contested Hearing
Outcome
Property adjustment order and pension sharing order granted; clean break ordered.
Legal Topics
Ancillary Relief, Division of Matrimonial Assets, Inherited Property, Pension Sharing, Clean Break
Family Law Ancillary Relief Division of Matrimonial Assets Inherited Property Pension Sharing Clean Break

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Parties

Mary Philomena Donnelly

Petitioner

Patrick Gerard Donnelly

Respondent

Procedural Posture

Ancillary Relief (family/matrimonial) / Judgment After Contested Hearing

Legal Issues

  1. 1 Appropriate division of matrimonial and inherited assets on divorce
  2. 2 Whether a clean break order is appropriate
  3. 3 Treatment of inherited property in ancillary relief

Ratio Decidendi

A clean break is appropriate. The wife's needs cannot be met without recourse to inherited property. The farm is not a profitable business and emotional attachment does not outweigh the wife's entitlement. A property adjustment order and pension sharing order are necessary to achieve fairness, resulting in a 46.35%/53.65% capital split in favour of the husband and a 25% pension share to the husband.

Court Disposition

Property adjustment order and pension sharing order granted; clean break ordered.

Orders

  • Transfer to wife of 50 acres of farmland, derelict house, site with foundations, site without foundations, and Standard Life policy
  • Wife retains her own savings