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Asset division on marriage dissolution

  • 21-08-2016 8:25am
    #1
    Johnboy1951
    Registered Users, Registered Users 2 Posts: 14,048 ✭✭✭✭


    Prior to marriage partner A receives a court award due to an accident or work related injury or some such.
    During the course of the marriage partner B receives an inheritance.

    The marriage fails, they separate and divorce.

    Does either partner have an entitlement to a share of the other partners asset?
    If yes, is that a 50/50 share?
    Is the type (award/inheritance) of asset a factor in this?


Comments

  • #2
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    Johnboy1951 wrote: »
    Prior to marriage partner A receives a court award due to an accident or work related injury or some such.
    During the course of the marriage partner B receives an inheritance.

    The marriage fails, they separate and divorce.

    Does either partner have an entitlement to a share of the other partners asset?
    If yes, is that a 50/50 share?
    Is the type (award/inheritance) of asset a factor in this?

    Depending on a huge range of facts the courts will decide. No two cases are the same.


  • #3
    Johnboy1951
    Registered Users, Registered Users 2 Posts: 14,048 ✭✭✭✭Johnboy1951


    Pro Hoc Vice wrote: »
    Depending on a huge range of facts the courts will decide. No two cases are the same.

    Thanks ..... so there is no 'entitlement' as such.


  • #4
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    Johnboy1951 wrote: »
    Thanks ..... so there is no 'entitlement' as such.

    How you got that from what I said I have no idea. If there was no entitlement then why would the courts get involved.


  • #5
    Johnboy1951
    Registered Users, Registered Users 2 Posts: 14,048 ✭✭✭✭Johnboy1951


    Pro Hoc Vice wrote: »
    How you got that from what I said I have no idea. If there was no entitlement then why would the courts get involved.

    If the courts can decide that one party gets NIL of the other party's asset, then it seems there is no entitlement.
    Unless there is an entitlement 'range' within which the courts decide?
    I am probably using incorrect wording, but hopefully you get what I mean.


  • #6
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    Johnboy1951 wrote: »
    If the courts can decide that one party gets NIL of the other party's asset, then it seems there is no entitlement.
    Unless there is an entitlement 'range' within which the courts decide?
    I am probably using incorrect wording, but hopefully you get what I mean.

    The courts decide from zero to a complete division of all property, depending on the facts, the length the parties together, etc.


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  • #7
    nuac
    Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Mod
    JB1951 you are rather ungracious to PHV. PHV is an experienced poster here. You should be thankful that (s)he went to the trouble of replying to you.
    imho this query breaches the forum rule against legal advice.
    Thread closed.


This discussion has been closed.
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