She relied upon the terms of the Consent Order and Terms of Settlement of the 16th of November 2001 and did not otherwise seek any ancillary relief. On the 11th of September 2003 following the expiration of the period of four years physical separation of the parties, the wife instituted divorce proceedings in the Circuit Family Court. Further, each party agrees not to institute any proceedings for ancillary relief under the Family Law Act, 1995, or the Family Law (Divorce) Act, 1996, and any amending legislation, save for periodic payments. The parties mutually agree and intend that the within provisions are in full and final settlement of all issues and claims between them and they are intended to be relied upon as constituting proper provision for the purposes of any divorce proceedings instituted by either party, pursuant to the Family Law (Divorce) Act, 1996, subject to the approval of the Court. The consent then contained the normal provision for full and final settlement: The husband was to pay to the wife the sum of IR10,000 per annum, subject to adjustment by reference to the consumer price index, by equal monthly instalments, in respect of maintenance of the children of the marriage. The husband was to pay to the wife the sum of IR300,000, in consideration for which the wife would transferred to him all her interest in the family home (then held in joint names) in Co Dublin and in a commercial office also in Co Dublin Īny other property held in the sole name of either party was to remain his or her sole property Īn order was to be made pursuant to section 10 (1) (b) of the Family Law Act, 1995 declaring the wife to be 100% beneficially and legally entitled to her shareholding in four companies whereby she carried on a tourist-related business the husband was to release the entirety of his interest in those companies and resigned as a director Īn order was to be made pursuant to the same provisions declaring the respondent to be 100% beneficially and legally entitled to in a company whereby he transacted a meat business The key provisions of the consent of November 2001 were as follows: Provisions in respect of the children, though they have been contentious in the past, are not relevant to the present dispute. The principal issue in the present divorce proceedings concerns the extent to which the High Court was bound to have regard to the terms of that settlement. A decree of judicial separation was granted based on the terms of a consent dated 16th November 2001 received and filed in court. Judicial separation proceedings in the High Court were compromised. The parties have lived separate and apart from one another since August of 1999. The wife in particular has been very successful in business but the husband, though significantly less wealthy, has sufficient means. The parties can be described as being well off. No issue concerning their care arises on the appeal, save for a peripheral question on the amount of maintenance. There are two children of the marriage: a girl born in 1995 and a boy born in 1996. National aged about 39 years of age the respondent (the husband) is an Irish citizen aged about 53 both have lived at all material times within the jurisdiction. The appellant and the respondent were married on the 14th of May 1994 in England. It concerns the proper provision to be made on the divorce of the parties pursuant to the Family Law (Divorce) Act 1996. This is an appeal from the judgment of the High Court (Abbott J) dated 29th November 2006. Justice Fennelly delivered the 28th day of July, 2009. AND IN THE MATTER OF THE FAMILY LAW (DIVORCE) ACT 1996
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