O’C. v O’C

• Jurisdiction: Ireland
• Judgment Date: 14 May 2009
• Date: 14 May 2009
• Court: High Court

[2009] IEHC 248

High Court

O’C.

(applicant)

v.

O’C

(respondent)

Abstract:

Family law -Judicial separation - Ancillary orders – Property adjustment order made pursuant to settlement agreement – Application to vary orders – Application for further property adjustment order in lieu of variation of existing order – Proper provision – Whether variation of orders should be made – Whether new property adjustment order should be made – Criteria to be applied – Family Law Act 1995, sections 9, 15, 16 and 18

the parties had been granted an order of judicial separation by the High Court pursuant to a written agreement settled between them. Ancillary orders under section 9 of the Act of 1995 included as terms of that agreement included an order directing the respondent to transfer his legal and beneficial interest in a property to the applicant and that the respondent transfer her legal and beneficial interest in the family home to the respondent, free from encumbrances. Various other orders had been made, including in relation...