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Judge finds ‘no reason’ why man who spent thousands of euro on drugs, alcohol and goods from Panama should get stake in ex-wife’s house

A High Court decide has dismissed a person’s enchantment in search of a stake in his ex-wife’s residence after he had spent many 1000’s of euros on unprescribed medication, alcohol, and items and providers from Panama.

n a ruling, Mr Justice Max Barrett stated the lady had “through grift and thrift” arrived at a place the place she’s going to probably have the ability to repay her residence mortgage, whereas the person seems to have dissipated nearly all of his capital assets.

Dismissing the enchantment, the decide stated he might see “no reason” why the lady ought to now be landed with the implications of her ex-husband’s “poor and improvident decisions”.

The ex-husband had appealed in opposition to a 2021 order of the Circuit Court, submitting he had not been granted correct provision in these divorce proceedings. The order basically made some ancillary provision and continued an earlier order made in 2008 in judicial separation proceedings, stated the decide.

In 2008, the lady was given custody and first care of the couple’s kids, whereas every partner was given one household property, division of sure monies and so they had separate pension preparations that had been roughly equal, famous the decide.

The man’s way of life has resulted within the dissipation of his capital belongings to the purpose that he even misplaced the residence ordered to him in 2008. Had he been extra prudent, stated the decide, he would now be the proprietor of an condominium in a sexy suburb. Instead, he lives in rental lodging.

There was no order for fee of upkeep within the 2008 determination, and Mr Justice Barrett famous the person had “regrettably done little, financially or otherwise”, to help in his kids’s upbringing.

This was evidenced by statements made by the couple’s now-adult eldest baby, though the courtroom heard the person offered some sporadic help within the baby’s pupil years, together with paying one 12 months of faculty charges, stated the decide.

Following the wedding break-down, the lady did “any number of jobs, no matter how humble”, to make ends meet, stated Mr Justice Barrett.

The decide was significantly struck by her proof that she had at one time rented out rooms in her home and slept within the attic for additional earnings.

Meanwhile, the person suffered some nervous ill-health, which was testified to in courtroom by his medical advisor. He was prescribed sure medication, however he had additionally spent 1000’s of euros importing different non-prescribed medication from overseas, stated the decide.

The man had additionally spent many 1000’s on items or providers from or by way of Panama, however he was “completely vague” about what these had been, the decide famous.

A tax-free lump sum of about €75,000 which he obtained following his retirement in 2008, appears to have been dissipated, the decide stated. Although this got here only a month after the separation proceedings, it doesn’t seem that that decide was notified of the upcoming retirement.

Any award to the person of a stake within the property ordered to the lady in 2008 would “almost certainly” require it to be offered so the income may very well be divided, stated the decide.

The man’s potential want for an extra monetary injection now to compensate for previous improvidence made within the aftermath of the break-up isn’t a purpose to depart from the availability made within the Circuit Court, he stated.

Mr Justice Barrett affirmed the Circuit Court’s order.

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