The estranged wife of a dairy farmer, who sold off his entire herd with an estimated value of between €500,000 and €600,000 without telling her, has applied for a court order freezing the man's assets.
At the Family Law District Court, solicitor Shíofra Hassett told judge Catherine Ryan that her client has made a Section 35 application under the Family Law Act 1995 to the Circuit Court in relation to the dissipation of marital assets.
A Section 35 ‘freezing order’ application prevents a spouse from selling property, transferring money out of bank accounts, or shifting investments to avoid paying a settlement or maintenance, pending finalisation in a case.
Ms Hassett told judge Ryan of the Circuit Court ‘freezing order’ proceedings by the woman against her estranged husband when applying for an adjournment of a hearing for the woman's separate application for a maintenance order before the District Court.
Maintenance order
In September, judge Adrian Harris granted an interim maintenance order for the farmer to pay maintenance of €300 to the woman and €60 per week for one dependent child.
The woman was seeking an interim maintenance order of €500 per week pending a full hearing in the case and Ms Hassett told judge Ryan that the hearing into the full maintenance order can be adjourned on consent with the other side in the case.
Ms Hassett said that in the Circuit Court in response to the Section 35 application, judge Francis Comerford “has made certain directions and has given time for a replying affidavit to our application”.
Ms Hassett said that the Circuit Court proceedings have been adjourned to 25 November.
In response, judge Ryan said that Ms Hassett’s client has sought a Section 35 application to freeze assets where there are matters of a financial nature to be addressed in the Circuit Court.
Judge Ryan said to Ms Hassett: “It is like you are hedging your bets - that if things don’t work out in the Circuit Court you can always come back to the District Court.”
In reply, Ms Hassett said: “I can confirm that it is not the position that is being taken and I don’t believe Máiread Doyle (solicitor for the husband) is taking that position either.”
You can’t ride two horses at the same time
Ms Hassett said that maintenance will be a part of the Circuit Court proceedings and that the proceedings before the District Court could be adjourned to 3 December for mention only.
Judge Ryan said: “You can’t ride two horses at the same time.”
In response, Ms Hassett said: “We are hoping ultimately to deal with all matters in the Circuit Court."
Ms Hassett said: “We don’t want to waste court time and that is why it is only in for mention on 3 December."
The estranged couple were not present in court for Ms Hassett’s application to adjourn the maintenance order proceedings.
'At breaking point'
At a hearing in September, the court heard that the dairy farmer was “at breaking point” when selling off his entire herd without telling his estranged wife.
At the interim maintenance order hearing at the Family Law Court, the farmer told judge Harris “I disposed of the cattle because I was not able to do it anymore.”
The man said that he is at his “wit’s end” since his marriage with his wife ended.
In evidence, the wife told the court that her estranged husband “made a decision to sell the cows without telling anyone”.
She said that when they were married “I worked seven days a week, milked cows twice a day. I did the cooking, the cleaning, and I reared the children”.
She said: “We always made money despite drought, COVID-19, rains and storms knocking down buildings.”
The farmer told the court that he was not in a position to pay an interim order.
I worked seven days a week, milked cows twice a day. I did the cooking, the cleaning, and I reared the children
The farmer told Ms Hassett in September that he has “lost everything” with the sale of his dairy herd “and I did not take that decision lightly to watch my whole livelihood be brought away in a number of lorries after 38 years of work”.
Solicitor for the husband, Máiréad Doyle, said that her client has significant assets but also significant debt with a debt of €1.2m attached to the farm and it costs €244,000 per annum to service the bank debt.
The farmer told the court: “We have come to a point that if I don’t do something now, we will end up with nothing."
He said: “This is the hardest time of my life - I have walked away from it. I haven’t slept for weeks - two or three hours every night.”
The man told the court that his estranged wife “didn’t want her name on any of the loans. She is not liable for any of the loans - I am liable for all the loans.”
