herald

Friday 15 December 2017

Ex-wife's divorce fight fails

THE High Court has dismissed a woman's application to set aside a decree of divorce terminating her marriage.

Lawyers acting on behalf of the woman claimed Circuit Court Judge Martin Nolan made a judgment in family law proceedings before all the evidence in the case had been heard.

She claimed the terms of judgment, delivered at the Circuit Court last year, were unfavourable for her and should be set aside.

Lawyers for her former husband rejected her claims and argued that Judge Nolan's decision should be left undisturbed.

The parties cannot be identified for legal reasons.



Dismissed

Yesterday, the High Court's Mr Justice Gerard Hogan said he was satisfied to dismiss the action.

No evidence had been put before him that clearly showed Judge Nolan had acted other than "absolutely properly" and "absolutely impeccably" before granting judgment, the judge said.

In her judicial review proceedings, the woman sought an order setting aside the judgment granting a decree of divorce to the couple, which was stayed pending the outcome of the High Court action, granted by Judge Nolan.

hnews@herald.ie

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