The High Court has decided to grant a divorce to M. S. and P. S., who married in 1985 and lived together for about eight years. In a judgment delivered on 21 November 2008, Mr Justice Garrett Sheehan set out financial orders for the wife and their children. He said he would discuss the precise form of the divorce order with the parties.
The wife began the present divorce proceedings in November 2006. She represented herself at the hearing; the husband was represented by a solicitor and counsel. The court noted that the wife had previously brought three sets of matrimonial proceedings. Earlier consent orders provided for maintenance and an education fund, but the judge said he attached no significance to them for the children’s maintenance orders and little significance for orders directly concerning the wife.
The parties have five children. The judgment describes the children’s ages and education, and records that two had already received investments on turning 21. It also considered the parties’ assets, incomes, housing, pensions and contributions to family life. The judge found the husband’s future earning capacity significantly greater than the wife’s, while saying the wife’s earning capacity was likely to improve after the proceedings concluded. He accepted evidence from her psychiatrist about the stress of returning to court.
The wife sought €4,000 monthly maintenance for herself and €1,500 monthly for each child, backdated to the start of proceedings, as well as assets including the husband’s cash, shares and pensions. The husband offered a €60,000 lump sum, annual payments for dependent children, pension transfers and education-fund payments. The judge said the orders were substantially in line with the husband’s offer.
The court ordered the husband to pay the wife €60,000 within 28 days after the orders were finalised. He must pay €10,000 a year for each child while that child remains dependent, backdated to 1 September 2008. The judge also ordered the transfer of two pensions to the wife and 50% of a third pension.
The husband must top up the education fund for payments of €9,000 in March 2009, €5,000 in 2010 and €6,000 in 2011. He must also add €10,000 to the investment fund due to child S. and maintain the funds already in place for the two youngest children.
The judgment records that a decree of divorce would be granted. It does not set out the final form of that order, which the judge said remained to be discussed with the parties.