The High Court rejected a husband’s appeal against a Circuit Court ruling in a judicial separation case, finding no basis to change the earlier decision and affirming its orders. It also said the wife should be free to sell properties she owned and use the proceeds as needed given her pressing financial circumstances.
The appeal followed a Circuit Court hearing on 8 December 2014. The High Court heard it over two days, on 19 and 20 January 2016. The judge said the appeal focused on seven points, including the husband’s allegations that his wife had made false statements about her finances, hidden assets and failed to disclose a bank account. He also disputed claims about his employment, car use and alleged abuse of a child. These were his claims; the judgment does not treat them as established facts.
The High Court found no merit in the allegations of financial irregularity. An accountant who had worked for the wife’s company testified that he knew of no hidden pension, hidden assets, false liabilities or money laundering, and considered the company’s tax and accounting matters to be in order. The judge also referred to the Circuit Court’s earlier consideration of the issues, including a forensic accountant’s report.
The wife testified about the impact of ongoing litigation on her and the children, their health difficulties and the costs of their education. The judgment records that the husband did not refute her evidence about the family’s medical difficulties. It also records her plans to sell two properties, and that a proposed sale of one property had been allowed to proceed while the sale proceeds were retained pending the High Court’s decision.
The judge said the husband had provided only minimal financial disclosure and that there was no basis to alter the Circuit Court ruling. The High Court affirmed that ruling and its orders, and said the wife could sell properties she owned and use the proceeds as she considered necessary. It urged an end to unnecessary further litigation in the interests of the family’s health and wellbeing.
The judgment also records that the husband undertook to file an appearance, defence and counterclaim, an affidavit of means and an affidavit of welfare in the Circuit Court by 11am on 22 January 2016. The divorce application was due to be dealt with there on 4 February 2016. The High Court’s decision concerned the appeal from the separation proceedings; it did not determine the divorce application.