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High Court grants a divorce and orders the ex-husband to make proper provision for his ex-wife over and above what was agreed by the parties in their separation agreement, on the grounds that the separation agreement should not operate to defeat the ex-wife’s application for more provision, and that account should be taken of the material change in circumstances, the ex-husband having generated considerable wealth in the period since the separation agreement.
Family law – divorce – no children – proper provision - separation agreement - extensive and up to date – payment of maintenance - full and final settlement clauses – husband able to generate extensive wealth since separation – whether the separation agreement provided proper provision for the wife – whether the wife is estopped from seeking any further property or financial relief due to the separation agreement – husband made an open offer during proceedings - agreed to pay periodic payments estimated to be in the region of €54,000 gross – agreed to provide a lump sum in the region of €800,000 to purchase a house which would be secured by way of insurance policy in place on his life for a term of fifteen years in the sum of €500,000 - level of disclosure and vouching by the husband left a great deal to be desired - factors to be considered when determining whether there has been proper provision - settlement in this case was twelve years old - material change of circumstance – settlement should not operate so as to defeat the wife’s claim for more provision – wife argued that the settlement agreement initiated in anger and concluded in an atmosphere of duress and lack of disclosure - a formal application to set aside the settlement was not made - evidence showed that the settlement in this case may have been conceived in conditions of difficulty - duty of disclosure in family law cases - structure of the provision to be made - a staged payment - weight to be attached to the settlement.
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