High Court grants a wife in family law proceedings a costs order equalling 20% of her costs, in circumstances where a husband's behaviour in appealing a divorce which he brought in the Circuit Court was deemed unreasonable, with the Court also considering case law on proper provision and costs in family law proceedings.
Family law - appeal by appellant husband - decree of Judicial Separation granted on 30th November 2011 (hereafter "JS Order") - appellant commenced divorce proceedings in June 2017 - parties married in 2002 and have two dependent children born in 2005 and 2006 - parties separated after eight years - appellant pleaded in divorce that JS Order constituted proper provision - in this case the appellant pleaded that the JS Order did not constitute proper provision - appellant is litigant in person - respondent legally represented - appellants affidavits of means give €365,000 difference of value of his property in seven months - clear to Court appellant has sought to understate the value of his assets - chronology of events - proper provision case law - respondent made criminal complaint against the appellant which was prosecuted, the respondent gave evidence but there was no conviction - respondent also made complaint of sexual impropriety against the appellant against one of his sons to her GP who then contacted the HSE - court order later stated that this allegation was unfounded - medical issues of appellant - appellant is renovating/re-developing his house and estimates the total costs of renovations at €423,595 - obscure financing of this expenditure - appellant is accountant by profession - appellant sought that the in camera rule be lifted so that he could go to the Gardaí about the allegations made by respondent - this is refused - house of appellant not suitable for the children to visit - orders for access and maintenance of the children made - appellant's applications for lump sum payments and pension adjustment orders refused - order made restricting variation of pension adjustment order - unreasonable behaviour on part of husband - case law on costs in family law proceedings - order that appellant pay for 20% of respondents costs.