UCC School of Law's Professor Louise Crowley's family law research positively cited in High Court divorce case

8 Feb 2021

In the contested divorce case A v B before the Irish High Court in November 2020, Justice Max Barrett relied upon the published research of Professor Louise Crowley “Sheltering the Homemaker in Irish Family Law: Ireland’s Failure to Evolve with the Shifting Social and Family Norms” (2018) International Survey of Family Law 271-96.

When considering the merits of the orders sought by the applicant wife, based on her contributions as a homemaker spouse Barrett J cites Crowley’s work at length (paras 39-42) recognising the preferential treatment to be accorded to the marital family, Barrett J ultimately endorsing Crowley’s view that “in the context of Irish family law, the protection of the homemaker is a key social priority”

Separately what considering the rights of the parties to lay claim on property inherited by the other spouse, Barrett J again quoting at length from the same work, noted that Professor Crowley "comments usefully … in this regard, in observations that the court respectfully adopts".

Given the extensive judicial discretion afforded to the Irish judiciary in determining what constitutes proper provision for both spouses and any dependent children on divorce, the importance of academic research and commentary cannot be overstated. Professor Crowley’s expertise in family law allows her to provide expert analysis and guidance in these cases.

The full judgment of Mr Justice Max Barrett in this case can be read here: https://courts.ie/viewer/pdf/e63b4f36-a3ce-4569-b3a1-d500dc29993f/2020_IEHC_562.pdf/pdf#view=fitH