The High Court varied financial and child-related orders made in a divorce case, while affirming the decree of divorce. The appeal concerned whether proper provision had been made for the spouses and their four dependent children.
Mr Justice Jordan delivered judgment on 15 September 2021, following hearings in June and July. The husband had appealed orders made by the Dublin Circuit Family Court on 21 December 2020 and 28 January 2021.
The High Court ordered that the family home be placed on the market on 1 February 2036, with net sale proceeds divided equally after sale costs. The wife may live there exclusively until it is sold and may decide who else lives in the property. The couple may agree in writing to an earlier sale. They remain responsible for mortgage payments equally. The court said the fixed date was intended to reduce uncertainty for the family and that an equal division was fair given the husband’s initial deposit and the wife’s exclusive occupation.
The court also made pension adjustment orders in favour of the wife in respect of the husband’s public-sector pension. It said an adjustment was needed to create a degree of equity between their pension rights, taking account of the marriage and the wife’s role as primary carer. The percentages were amended from those in the draft orders considered by the court.
The parents remain joint guardians and custodians, with primary day-to-day care and control with the mother. The court allowed her to arrange therapeutic support for one child without the father’s consent, subject to keeping him informed monthly. It fixed the access arrangements agreed by the parents and directed that, unless the father elects otherwise, the mother drop the children at his residence and he return them to hers. The father could instead elect to collect them from the mother’s residence by notifying her by email within seven days. The court directed the parents to try mediation first if disputes arise about access or the children’s welfare.
The father was ordered to pay €45 per week for each child from 4 October 2021. He must pay agreed arrears of €528.72 by 3 December 2021, half the children’s educational costs, and half of health and dental costs not covered by insurance. The mother is to pay for the listed extracurricular activities, while the father is responsible for GAA costs. He must continue specified health, critical-illness and life insurance cover for himself and the dependent children.
The court did not make an attachment-of-earnings order, accepting the father’s assurances that he would pay. It said a further default could lead to an application for such an order in the Circuit Court. The judgment made no order for costs. The case was listed for 14 October 2021 to address the form of the order.