S v S & Anor

[1] This case involves an application for ancillary relief between the petitioner wife and the respondent husband. The petitioner also brought a claim against the respondent�'s mother who is the third party. That action was brought in the Chancery Division but the two claims were heard together. On the first day of the hearing, the Chancery action was settled on agreed terms the substance of which I will return to. The third party was represented by the Official Solicitor in both sets of proceedings as she is an elderly lady who is not capable of conducting her own affairs.

[3] Mr Toner QC and Ms MacKenzie BL appeared for the petitioner, Mr Coyle BL for the respondent and Ms Kinney BL for the third party. I am grateful to all counsel for their written and oral submissions.

[4] The parties were married in 1994. There are three children of the marriage now living who are aged 20, 18 and 14 years. Sadly another child died when an infant. The parties separated in 2009 and a decree nisi was granted on the ground of the respondent�'s unreasonable behaviour in 2012.

[5] The petitioner wife was born in 1964 and so she is now 52 years of age. The respondent husband was born in 1963 and so he is now 53 years of age. The petitioner was born in Northern Ireland and has her roots here. The respondent was born in Ghana but retains an affinity with the Republic of Ireland.

[7] During the marriage the parties lived at various addresses in England and Canada. The parties returned to Northern Ireland in May 2003 at a time when the respondent was made redundant from his employment in Canada and when his father had just died. At this time both the mothers of the respondent and petitioner were in ill-health.