The Court of Appeal has upheld orders directing the sale of properties owned by an elderly divorced couple, while giving the wife three months to complete financial reconciliation work that could allow her to retain the family home where she has lived for more than 40 years.
Ms Justice Faherty delivered judgment on 8 May 2026, with Mr Justice Binchy and Ms Justice Pilkington agreeing.
The couple married in 1969 and built substantial personal and corporate assets. Their marriage was dissolved in January 2023 after they agreed settlement terms giving each a 50% interest in their family home, four other properties and extensive personal and corporate assets.
The settlement also required accountants to reconcile their assets and the parties to agree how assets and company interests would be distributed. Those steps were not completed. Extensive further litigation followed.
In June 2025, the High Court ordered four investment properties sold. In July it also ordered sale of the family home, finding that the wife had significantly delayed implementation of the settlement.
On appeal, the wife argued that the High Court lacked jurisdiction and had effectively rewritten the settlement. The Court of Appeal rejected that argument. It held that the Family Law (Divorce) Act 1996, the Family Law Act 1995 and co-ownership legislation gave the High Court ample power to order sales after divorce.
The appeal court also accepted that the wife had substantially delayed progress. The proceedings had returned to the High Court dozens of times after the divorce.
However, the court found that immediate sale of the family home went too far. It noted that the wife had agreed other properties could be sold, substantial liquid assets were available, and her complaints about the handling of jointly owned corporate interests had some merit.
The family-home sale was therefore stayed for three months from perfection of the Court of Appeal order. If the agreed reconciliation is completed in that period, the judgment envisages the wife retaining the home, subject to whatever financial adjustment is required to preserve each party’s 50% entitlement.