Based in Kilkenny, this practice acts in asset-heavy family law cases across the South-East and nationally: farms and land banks, private companies, professional practices, investment portfolios and pension wealth.
The T v T reference point
In T v T the Supreme Court considered a substantial asset case and several judgments referred to provision in the region of one third of assets for the applicant spouse as a possible benchmark in ample resources cases, while firmly rejecting any fixed rule. Later High Court decisions have ranged well above and below one third depending on the duration of the marriage, the source of the wealth and the contributions of each spouse. The honest position is that Irish law confers a wide discretion, and the advocate's task is to assemble the evidence that pushes the discretion in the client's direction.
Source of assets: inherited, gifted and pre-marital wealth
Irish courts distinguish between wealth generated during the marriage and wealth that one spouse brought in, inherited or was gifted, particularly land that has been in a family for generations. Inherited assets are not ring-fenced, but the courts have repeatedly said that they stand in a different category and that provision may be structured to avoid their sale where other resources can meet proper provision. This principle does most of its work in farm cases, which is why it features so heavily in a South-East practice.
Valuation battles
In substantial cases the real contest is frequently between experts: agricultural valuers on land, forensic accountants on company value and maintainable earnings, actuaries on pension values. The choice of expert, the instructions given, and the rigour with which the other side's valuation is tested often matter more than legal argument. Discovery and cross-examination on valuation assumptions is where these cases are won and lost.
Structuring provision without destroying the asset
A court can make proper provision without ordering a sale. Lump sums payable in stages, transfers of non-core assets, pension adjustment orders and secured periodical payments can deliver value to the applicant spouse while leaving a farm or trading company intact. Constructing and evidencing a workable proposal of this kind, including how any lump sum would actually be funded, is central to how the case is presented.
Frequently asked questions
Is my spouse automatically entitled to half of everything?
No. There is no automatic 50/50 rule in Irish law. The court makes proper provision by reference to the section 20 factors, and outcomes vary widely with the facts.
Will the court make us sell the farm or the business?
A sale is one option available to the court, but Irish courts have shown a willingness to structure provision in other ways where the evidence shows proper provision can be made without a sale. No outcome can be promised in any case.
Does it matter that the wealth came from my family?
The source of assets is a relevant factor. Inherited and gifted assets are treated differently from wealth built up jointly during the marriage, although they are not immune from provision.
To discuss a matter in confidence, contact Richard O'Shea at Mary Molloy Solicitors, 2 Rose Inn Street, Kilkenny. Arrange a consultation. This page is general information, not legal advice.