Judgment: 2005-07-25 · Court archive

High Court orders €3.3m for alternative home in judicial separation case

The court ordered annual maintenance of €240,000 for the respondent and €20,000 for each dependent child, while leaving the detailed security terms for further discussion with counsel.

High Court · [2005] IEHC 276

Who, what, where, when and why

Who

See the report below for the parties involved.

What

The court ordered annual maintenance of €240,000 for the respondent and €20,000 for each dependent child, while leaving the detailed security terms for further discussion with counsel.

Where

Places mentioned in the report

  • manor house
  • High Court
When

Judgment:

Why

Reasons reported in the judgment

The couple married in 1987 and have four children. Their main assets included an estate and tourist business, farmland and other properties. The judge assessed their total assets at about €24.26 million after allowing for disposal costs, taxes and liabilities. He said the property had been inherited or brought into the marriage by the applicant, and rejected the respondent’s request to remain in the manor house.

The High Court has ordered a husband to provide €3.3 million for his wife’s alternative accommodation and annual maintenance of €240,000 after granting a decree of judicial separation. The judgment also requires him to pay €20,000 a year, tax-free, for each child while they remain dependants and to continue paying their school fees.

The ruling, delivered by Mr Justice O’Higgins on 25 July 2005, followed proceedings brought by the applicant in January 2004 and a counterclaim by the respondent in April 2005. Both sought judicial separation and related relief. The respondent also sought custody of the children, but custody and access were not live issues by the time of the hearing: the applicant accepted that custody should be with the respondent and that access should follow the terms of a welfare report.

The couple married in 1987 and have four children. Their main assets included an estate and tourist business, farmland and other properties. The judge assessed their total assets at about €24.26 million after allowing for disposal costs, taxes and liabilities. He said the property had been inherited or brought into the marriage by the applicant, and rejected the respondent’s request to remain in the manor house.

The respondent told the court that staying there would provide continuity for the children. The judge accepted her concern but concluded that the parties should not live in close proximity given their strained relationship and the risk of further conflict. He found that €3 million, plus about 10 per cent for acquisition costs, would provide for a suitable alternative home.

The respondent sought €240,000 a year for herself and €120,000 a year for the children, excluding school fees. The court awarded the requested annual amount for the respondent, indexed to inflation, but set the children’s maintenance at €20,000 each. The judge said that amount would cover their expenses other than school fees.

The judgment also directs the respondent to transfer her interest in the company to the applicant. It does not set out the detailed terms for securing maintenance: the judge said those terms, along with the order, would be discussed with counsel.

Read the original court judgment

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