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Mother to pay father €125,000 in lieu of maintenance order

By: Shane Kiely BL

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High Court, in judicial separation proceedings dealing only with the requirement for proper provision, holds that a mother, who has property in the USA but seeks to return periodically to her country of origin, is to pay the father €125,000 within nine months, with the court directing that the father then deal with the maintenance obligations of the three dependent children.

Family law - applicant seeks decrees of judicial separation and divorce, and related reliefs - parties were married on 10th July, 1999 in an overseas country (hereafter “OC”) governed by an EU member state (hereafter “EUS”) - applicant is Irish and the respondent is a citizen of EUS - three children of the marriage, the eldest, a daughter, was born in 1999, the second, also a daughter was born in 2001 and the third, a son, was born in 2003 - only issue is the division of assets in accordance with the requirement to make proper provision - the year after they got married, the parties purchased a home for the sum of €360,000 - respondent has a phd in marine biology but is not able to work at the moment - parties are in the same house - mother seeks to return to her country of origin - psychologist report of children - psychologist opined that mother is vulnerable right now - means of applicant and respondent - proposals of the parties - all property and income, no matter how it was acquired is available for proper provision - respondent has property in Las Vegas - direct that the respondent pays the applicant €265,000 not later than nine months from the date hereof - all maintenance obligations for children rest with applicant father.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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