Thursday 17 August 2017

Ex-wife loses appeal that '€3.8m payout too low'

The wife had failed to show that €3.8m was not proper provision for her, the appeal court held. (Stock picture)
The wife had failed to show that €3.8m was not proper provision for her, the appeal court held. (Stock picture)

Tim Healy

A separated wife has lost an appeal alleging a €3.8m lump sum her ex-husband was ordered to pay her was too low.

The woman alleged the High Court failed to properly take into account "egregious" misconduct by him - including his infidelity and fathering a child with another woman - and sought some 20pc of his assets.

The woman claimed the sum, alleged to represent up to 12pc of the man's assets, was not "proper provision" under the Family Law Act 1995 and Judicial Separation and Family Law Reform Act 1989.

A three-judge Court of Appeal dismissed the wife's appeal against the 2013 High Court judgment by Mr Justice Michael White.

The High Court ordered the man pay €3.8m to his wife and €20,000 monthly maintenance for herself and the children. She also got the entire interest in the property where she lived and two other properties.

Ms Justice Mary Irvine, on behalf of the appeal court, said the High Court had regard to all 12 relevant statutory factors when deciding proper provision.

The High Court had to consider the husband's conduct in all the circumstances, including that he gave significant money and property to the mother of the child he fathered outside of wedlock.

The wife had alleged the man had left out very significant assets valued about €28m from his affidavit of means.

While satisfied the husband knew more about his finances than he maintained in evidence, the High Court had said it could not be satisfied he set out to deliberately mislead the court or his wife, she said.

The wife had failed to show that €3.8m was not proper provision for her, the appeal court held.

Irish Independent

Editor's Choice

Also in Irish News