High Court Judge reaffirms the factors to be considered by the court
In a recent judicial separation hearing of AOM V FOM Judge Binchy went through the factors set out in section 20 of the Family Law Act 1995 in determining the financial provision orders to be made as part of his order.
In this case the husband had refused to engage in the proceedings and it was proved he had dissipated assets.
Judge Binchy made orders in relation to the husband’s property, division of cash assets as well as share options. Interestingly, he refused to make an order extinguishing the wife’s entitlement to inherit from the husband.
He also made an order for costs in circumstances where the husband had brought the application for judicial separation and then had disengaged from the process.
In making an order in relation to maintenance the Judge took into account the likelihood that the wife would return in the future.
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