The High Court has allowed an appeal against the transfer of divorce proceedings between M.K. and B.K., ruling that the case should continue in the Circuit Family Court.
Ms Justice Nuala Jackson delivered judgment on 1 December 2025 after the Circuit Family Court had ordered the proceedings transferred to the High Court in July.
The divorce case began in November 2022. The parties had previously entered a Deed of Separation in 2018 dealing with the family home, maintenance and other matters. Under that deed, M.K.’s half-interest in the family home was transferred to trustees, with B.K. to have the benefit of the property during her lifetime and the children thereafter.
B.K. sought transfer partly on the basis of claims that M.K. had a beneficial interest in family-controlled companies and that the value of relevant assets exceeded €3 million. Those claims were disputed. M.K. denied having any legal or beneficial ownership in the companies, and evidence from company solicitors, auditors and his father supported that position.
Jackson J said the court was not deciding whether those disputed claims were ultimately correct. That will be a matter for evidence at the divorce hearing.
However, she found there was no evidence establishing that the proceedings concerned land worth more than €3 million, the threshold which would give a party a mandatory entitlement to transfer the case to the High Court.
The judge also considered whether the High Court was nevertheless the more appropriate forum because of the complexity of the case. She concluded it was not. Issues concerning the Deed of Separation, possible non-party discovery, alleged beneficial ownership and potential future inheritance or asset acquisition could all be dealt with by the Circuit Family Court.
The appeal was therefore allowed. Jackson J noted that the proceedings had already been ongoing for more than three years and asked that the Circuit Family Court provide as much expedition as possible in dealing with disclosure and the substantive divorce hearing.