M.K. v B.K. (transfer of proceedings; jurisdiction; corporate assets; beneficial ownership) (Approved)

Ex Tempore Judgement of Ms. Justice Nuala Jackson delivered on the 1 st December 2025

      The Applicant issued a Civil Bill seeking a Decree of Divorce and ancillary reliefs on the 1 st November 2022.� Pertinent to the application which I am now considering, the Civil Bill references the occupations of the parties and their places of residence.� It also indicates that a Deed of Separation was entered into by the parties in 2018 and certain of the terms of this Deed are referenced.� A copy of the Deed of Separation in annexed to the Civil Bill.�

      The Applicant's Civil Bill would appear to be drafted on the basis that the Deed of Separation terms constitute proper provision in the context of divorce as the only ancillary reliefs sought are mutual section 18(10) orders pursuant to the Family Law (Divorce) Act, 1996 ('the 1996 Act').

      The third Affidavit of Means of the Applicant of the 4 th September 2024 is deserving of some comment.� The bank balances of the Applicant have increased by in or about �150,000 and it is indicated that he has no income.� There has been modest, unremarkable decrease in the mortgage balance and the loan to his parents remains.� The circumstances of these changes have been explained and will be considered further below.

      An Affidavit of Means was sworn by the Respondent on the 22 nd June 2023.� There is likewise nothing in this document which indicates a financial circumstance supportive of a transfer of jurisdiction to the High Court.