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High Court grants a wife a decree of judicial separation on the basis that the husband has engaged in extra-marital affairs, and makes ancillary orders to the effect, inter alia, that: (a) the wife receive €18,000 per month maintenance for herself and their dependent children; (b) a foreign holiday home valued in excess of €1.7m be transferred to the sole ownership of the wife; (c) the husband retain sole control of his successful companies and the wife resign her directorships in same; and (d) a sizeable pension fund be split evenly between both husband and wife.
Family law - special summons - judicial separation - ancillary relief - Judicial Separation and Family Law Reform Act 1989 (“the 1989 Act”) - Family Law Act 1995 (“the 1995 Act”) - couple married in 1994 - have four dependent children - husband is a successful businessman - wife formerly worked but is now homemaker - husband moved out of family home in 2012 - purchased separate home - foreign property owned - husband says foreign property owned by him alone - husband seeks judicial separation on grounds of unreasonable behaviour of wife and breakdown of relationship - wife seeks separation on grounds of husband's adultery and unreasonable behaviour - husband has had multiple extra-marital affairs - Court finds that it is not open to it to grant separation on the "no fault" ground sought by the husband - Court finds that wife entitled to decree on the basis of the adultery of the husband and on that basis that the wife cannot reasonably be expected to live with her spouse - proper provision for dependent children - financial resources of each spouse - income and earning capacity of spouses - overall pool of assets between the parties is €8,172,530 - husband's companies generate significant income and pay him substantial salary - companies could easily afford to pay him greater salary if he so wished - previous standard of living enjoyed - contributions - Court does not accept wife's submission that the companies in question were a joint venture with her husband - Court finds however that wife's role as homemaker and carer for the dependent children should not be underestimated - husband owns pension fund values at €1.8m - parties agree to split this evenly - both parties conduct of the judicial separation proceedings open to criticism - Court makes ancillary orders which reflect neither of the parties' pre-trial proposals - orders that husband pay per moth €18,000 gross to his wife - of this, €15,000 is for maintenance and €3,000 for dependent children - holiday home transferred from husband to wife - husband left in control of companies - husband and wife granted joint custody of children with wife having day to day control.
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