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Order dividing assets on divorce set aside due to failure to make proper provision for dependent spouse
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The High Court set aside the Circuit Court's division of assets and maintenance orders arising from divorce proceedings between a long-married couple, finding that the lower court's orders did not constitute proper provision for the financially dependent spouse. The court determined that both parties were entitled to a fair share of the matrimonial assets—namely, the family home and a business—and that the wife should retain the family home (subject to payment or sale) and her full pension, while the husband would retain his interest in the business and receive a lump sum or a share of the sale proceeds, alongside an order for spousal maintenance. The court held that the assessment of asset values must realistically reflect the evidence and the dependent spouse's ongoing needs, and emphasised the importance of avoiding discrimination based on traditional marital roles.
Decree of divorce – Division of matrimonial assets – Proper provision – Spousal maintenance – Family home transfer – Pension adjustment order – Business valuation dispute – Financial dependency – Equal partnership – High Court appeal – Section 20 of the Family Law (Divorce) Act 1996 – Principles of non-discrimination in family law – Judicial discretion – Lump sum payment – Contingent benefit
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
