A man is not entitled to the legal costs of his ex-wife’s failed bid to make him pay maintenance after she waived her right to it during divorce proceedings heard in another country years earlier, the Supreme Court has ruled.
The man, who was born in an Asian country, and the woman, from England, met while both were working in Asia and they married in 1991 in Asia. The had two children and divorced in Asia in 2002.
Shortly afterwards, all four moved to Ireland and have been living here since, with the ex-husband having access rights to the children.
The woman had brought proceedings here seeking maintenance orders after receiving legal advice she could not do so successfully in the Asian country where she had married. She said she had agreed to the divorce terms while under duress and pressure at the time.
He had asked the High Court to dismiss her action, which Mr Justice Garret Sheehan did in November 2007 after finding material non-disclosure “of a serious nature” in the woman’s affidavit. Mr Justice Sheehan refused to grant the ex-husband his legal costs and he appealed that decision to the Supreme Court.
Yesterday, the Chief Justice, Mrs Justice Susan Denham, agreed with Mr Justice Sheehan’s decision on costs.