"(b) the financial needs, obligations and responsibilities which each of the spouses has or is likely to have in the foreseeable future (whether in the case of the remarriage of the spouse or otherwise)."
Both the applicant and the respondent need enough money to secure suitable and comfortable accommodation and to provide for their daily needs as they grow older as senior citizens.
"(c) the standard of living enjoyed by the family concerned before the proceedings were instituted or before the spouses separated, as the case may be."
The applicant and the respondent appear to have enjoyed a comfortable but not extravagant lifestyle. It is the position that the respondent appears to have enjoyed frequent holidays in recent years (where the yacht is moored) and time in another location in Ireland where he has an acquaintance. His lifestyle was more lavish than that of the applicant and that does appear to be due in part at least to the fact that his financial resources were better than the applicants.
"(d) the age of each of the spouses and the length of time during which the spouses lived together."
As already stated, the applicant and the respondent were married in 1973 and they are both 74 years of age. They both reside together in the family home but unhappy differences have existed since 2018, and indeed prior to then. Their lives have been separate for several years. However, theirs was a marriage of long duration.
"(e) any physical or mental disability of either of the spouses."
Both the applicant and the respondent have not insignificant health issues although they do both appear well at present. That said, their respective health concerns and need for care in the future - and the resources to pay for same - are pertinent. The health concerns are also another reason for expedition and finality.
"(f) the contributions which each of the spouses has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution made by each of them to the income, earning capacity, property and financial resources of the other spouse and any contribution made by either of them by looking after the home or caring for the family."
This was a successful marriage in which there is an offer by the respondent to approach the division of assets on a 50/50 basis in essence. Both parties are 74. It is not therefore necessary to dwell on the above consideration.
"(g) the effect on the earning capacity of each of the spouses of the marital responsibilities assumed by each during the period when they lived together and, in particular, the degree to which the future earning capacity of a spouse is impaired by reason of that spouse having relinquished or foregone the opportunity of remunerative activity in order to look after the home or care for the family."
Likewise, insofar as this consideration is concerned.
"(h) any income or benefits to which either of the spouses is entitled by or under statute."
Both spouses are in receipt of the Old Age Pension.
"(i) the conduct of each of the spouses, if that conduct is such that in the opinion of the court it would in all the circumstances of the case be unjust to disregard it."
No case has been made under this heading and it need not be dwelt on.
"(j) the accommodation needs of either of the spouses."
The accommodation needs of both spouses does require consideration. The status quo is to continue pending a sale of the dwelling house. A sale of the dwelling house and a division of the proceeds of sale will entitle both the applicant and the respondent to secure suitable and appropriate accommodation - albeit smaller than the current family home and perhaps in a slightly less expensive area.
"(k) the value to each of the spouses of any benefit (for example, a benefit under a pension scheme) which by reason of the decree of judicial separation concerned that spouse will forfeit the opportunity or possibility of acquiring."
The Court will divide the private pension of the respondent 50/50 between the applicant and the respondent. That is fair in circumstances where the respondent has no private pension.
"(l) the rights of any person other than the spouses but including a person to whom either spouse is remarried."
This does not arise.
The parties did make written submissions concerning the appropriate Court orders and they have indicated areas of agreement and disagreement - with submissions concerning the areas of disagreement. The Court has considered all the submissions made. The Court desires to structure the Court order in a way which will help achieve fairness, finality and clarity - and hopefully lessen reasons for conflict between both sides going forward. The parties at their stage in life deserve an end to litigation - if at all possible.
A particularly contentious issue has been the applicant's insistence that the company be sold [the sale documents for completion of the sale be executed] before the family home is placed on the market for sale. The open offer correspondence details the position of each party in this regard. The Court finds that this insistence is probably because the applicant has hopes of remaining in the family home and would hope to buy the respondent out with her share of the proceeds of the sale of the business. This is a somewhat understandable position. However, it is also an unreasonable position to adopt having regard to the age and needs of both parties, the connection which they both have to the family home and it's size. The applicant does not need a house as large as the family home and downsizing is a sensible approach in any event - even if there is a sentimental attachment.
The respondent has adopted a reasonable approach in his open letter of the 5 th of October 2021 and subsequently - but the applicant has not been reasonable in her response.
In light of the evidence, the Court considers it appropriate to make the following orders : -
A Decree of Judicial Separation pursuant to section 2(1)(f) of the Judicial Separation and Family Law Reform Act 1989.
An order pursuant to section 15 of the Family Law Act 1995 directing the applicant and respondent to jointly sell their respective shareholdings in the "Company" as expeditiously as possible in the most tax efficient manner and with the combined net proceeds of sale from the sale of both shareholdings to be divided equally between them.
The sale of the Company is to proceed in the following manner -
3.1. [Redacted financial services firm] be appointed to advise the parties in respect of the sale of the Company and to prepare the Company for sale, including the production of an Information Memorandum - such Memorandum to be completed by the 30 th of June, 2022.
3.2. Once a price range has been ascertained and agreed by the applicant and the respondent, D.B. is to be entitled to make an offer for the purchase of the company.
3.3. The applicant's and the respondent's solicitors shall be jointly instructed in respect of the sale of the Company. Alternatively, in default of agreement on this an independent solicitor is to be agreed and appointed for the sale of the company.
3.4. [redacted financial advisory firm] shall continue to advise and assist the Company in respect of the preparation of any accounts to facilitate the sale of the Company.
(a) An Order pursuant to section 10(1)(a)(ii) of the Family Law Act 1995 directing the sale of the ( "Family Home" ) with the net proceeds of sale to be divided equally between the parties. There shall be joint carriage of sale as between the nominated solicitors for the parties.
(b) The said property to be placed on the market for sale and put up for sale through [redacted auctioneers] on the 1 st of September 2022. The advices of the auctioneer as to the mode of sale and the reserve are to be accepted by the parties. Any offer made for the house which the auctioneer considers a good offer shall be the subject of a recommendation of the auctioneer. The parties will accept the advice and recommendation of the auctioneer.
(c) Both the applicant and the respondent are to be entitled to reside in the family home pending the closing of the sale of the family home.
A declaration pursuant to section 10(1)(b) of the 1995 Act that the joint tenancy between the parties in the family home is severed effective upon the making of this Order.
An order that the contents of the family home be divided equally between the parties on a turn and turnabout basis.
An Order pursuant to section 15 of the Family Law Act 1995 directing the respondent to sell (the "Commercial Property" ) with the net proceeds of sale to be divided equally between the parties. The Commercial Property is to be marketed in conjunction with the sale of the Company and in the event that the Commercial Property is not sold as part of the sale of the Company, the Commercial Property will be marketed for sale thereafter. There shall be joint carriage of sale of the Commercial Property as between the nominated solicitors for the parties.
An Order pursuant to section 15 of the Family Law Act 1995 directing the sale of the old car with all reasonable expedition and with the net proceeds of sale to be distributed equally between the parties.
An Order pursuant to section 9(1)(a) of the Family Law Act 1995 directing that the balances of all bank accounts (other than €36,330.72 being the applicant's inheritance), investments to include the EIS investment and any share holdings (other than in the Company) as between the parties be consolidated and distributed equally between the parties. It is declared that the applicant shall retain her inheritance. The proceeds of the EIS are to be distributed when the investment can be encashed or realised without penalty.
An Order pursuant to section 9(1)(a) of the Family Law Act 1995 directing the respondent to transfer, or arrange the transfer, prior to 1 st of July 2022 to the applicant in as cost efficient a manner as possible 50% of the value of the pensions.
Save as otherwise provided for herein an Order pursuant to section 36 of the Family Law Act 1995 that each of the parties are the sole legal and beneficial owner of all other assets identified in their individual Affidavits of Means sworn on 27 th April, 2022 and 1 st April, 2022 respectively - except that the respondent is Declared solely entitled to the yacht and his car.
Mutual Orders pursuant to section 14 of the Family Law Act 1995 extinguishing the share that either party would otherwise be entitled to in the estate of the other party as a legal right or on intestacy under the Succession Act 1965.
Mutual Orders pursuant to section 15A(10) of the Family Law Act 1995 directing that neither party shall, on the death of the other, be entitled to apply for an order under section 15A of the Family Law Act 1995.
Liberty to apply and/or re-enter.
The Court will hear from both parties in relation to the costs of these proceedings.