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High Court amends the provision for both parties contained in an order of judicial separation made by the Circuit Court in 2002 to take into account both the current indebtedness of the husband and his likely prospects of obtaining debt settlements, with the court also making an 80/20 adjustment order in respect of the husband's pension in favour of the wife.
Family law - appeal from an order of the Circuit Court from 2002 whereby an order of judicial separation was made together with provision for the parties - parties were married in 2009 - parties had three children with each other - wife is employed as a temporary administrator - husband is at present unemployed, but was an auctioneer - both parties are heavily indebted - pressing necessity for the husband to reduce his debt - two judgment mortgages claiming money for past legal services due to the husbands family law proceedings - wife seeks house in the price range envisaged by the Circuit Court Decree in the range of €400,000 - not considered by the Court to be a very practical proposition - husband has heart trouble - Court has allowed the husband to make an "eleventh hour pact" whereby he gets some provision to deal with his debts - using private schools for the children is beyond the reach of the parties at this stage - no order made in respect of the wife's pension - 80/20 adjustment made in respect of the husband's pension - likely that husband will be able to negotiate a settlement of his many debts - lump sum to be paid by wife's solicitor of funds held by her in respect of net proceeds of sale in the sum of €300,000, less €5,000 ordered to be paid to each party - solicitor for wife should pay out sum to husband to cover his needs including maintenance.
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