The High Court has granted a judicial separation to an anonymised farming couple and ordered the husband to pay his wife €650,000 plus 60% of the net value of inherited land which he failed to disclose during the case.
Ms Justice Nuala Jackson found that G.C. and J.C., who married in 2002 and have three dependent children, had not enjoyed a normal marital relationship for more than a year before proceedings began in June 2022.
The family’s principal assets include the family home, farmyard and about 100 acres of agricultural and forestry land. The assets originated with the husband’s family and were transferred to him before the marriage. The judge assessed their overall net value at approximately €1.8 million to €1.9 million.
The court sought to balance that provenance with the wife’s contributions during a marriage of more than 20 years. She had spent about 12 years primarily caring for the children and home while also providing support to the farm business before returning to part-time employment in 2017.
A significant issue emerged after the main hearing. The husband had inherited approximately eight additional acres in 2022, valued at €150,000, but had not included them in his affidavits of means and denied ownership when questioned in court.
Jackson J found there was deliberate concealment or misleading of the court and that it would be unjust to disregard that litigation misconduct. The wife was consequently awarded an additional amount equal to 60% of the inherited land’s net value after applicable inheritance tax, reliefs and thresholds.
The €650,000 primary lump sum and additional inheritance-related payment must be made within nine months. If they are not paid, specified farm property is to be sold, with further land sold if necessary.
The husband was also ordered to pay €500 a month for the youngest child, contribute to educational and medical costs, maintain health insurance for all three dependent children and make annual payments to the two children in third-level education.