The High Court has ordered that a family home be sold and its net proceeds divided one-third to a father and two-thirds to a mother who has primary responsibility for the couple’s dependent children.
The ruling was made in a Circuit Court divorce appeal involving K.B. and R.B., who married in 2000, separated in 2019 and have four children. The father began divorce proceedings in December 2021.
Ms Justice Nuala Jackson found that both parties had contributed equally during the marriage. However, equal division of the home would not amount to proper financial provision because the mother carries the main responsibility for housing and caring for the dependent children.
The family home was valued at about €475,000, with a mortgage of approximately €100,000. The judge estimated that roughly €360,000 might remain after the mortgage and modest sale costs. She accepted that the father would require at least €160,000 for modest replacement accommodation but found the children’s housing needs justified the unequal division.
The court also addressed contact arrangements. Both parents were made joint custodians of the minor children. The father was granted access every second weekend, one regular overnight each week and additional short evening contact on three days’ notice. Communications between the parents are to take place through WhatsApp.
Maintenance was fixed at €150 per week while three children remain dependent. Once the eldest of those children ceases to be dependent, the amount will fall to €60 per week for each remaining dependent child. The father must also pay all sports-related expenditure, while the mortgage is to be paid jointly until sale.
No pension adjustment order was made because the father did not prove his claim that he had previously encashed a pension and contributed about €25,000 to family funds.
The court made no finding of misconduct requiring financial adjustment and ordered no costs between the parties.