Monday 23 October 2017

Wife asks court to overturn divorce judgment

Aodhan O'Faolain

THE High Court has been asked to set aside a judgment in a divorce case on the basis that it was made before all the evidence had been heard.

Lawyers for the wife are seeking orders setting aside a decree of divorce to a couple, who cannot be identified. The judgment was granted by Circuit Court Judge Martin Nolan in 2011.

Legal representatives of the woman's former husband argued yesterday that the decision should be left undisturbed.

However, her lawyers claimed that a hearing scheduled to last two days began on the afternoon of the first day and lasted about 50 minutes. They said that to their "utter horror" the judge granted the divorce the following morning.

They also claimed that they were unable to question the woman's husband about a bond he had bought, partly from the proceeds of a former family home which was sold for approximately €1m.

Alcoholism

They said that a brief marital reconciliation, which did not last, may mean that the couple had not been living apart for the four years required before a divorce can be granted.

Lawyers for the husband argued that the proceedings should be dismissed as the husband's and his lawyer's recollection differed significantly from the wife's version. They claimed that the case lasted for two hours on the first day.

The court was told that there was a brief attempt at a reconciliation after the wife returned from treatment for alcoholism. It did not work out.

Mr Justice Gerard Hogan is to give his ruling later this week.

Irish Independent

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