Man drew up his last will after fights with wife, family court hears

Gordon Deegan

A judge has told a man that his wife “has your Kryptonite” in a marriage where "it is absolute hell for two of ye to be living in the same house".

At the Family Law Court, Judge Alec Gabbett told the man that “your family home is your Kryptonite and it is disabling you”.

The husband and wife jointly own the family home with both refusing to move out and Judge Gabbett told the man “she has your Kryptonite” in a nod to the fictional radio-active material from the planet Krytpon that took away Superman’s powers and known to millions of fans of the Superman blockbuster movies.

Judge Gabbett told the man: “Because you are so intent on staying in the family home it is disabling your ability to deal with this in a clear way."

Judge Gabbett said that the family home “is being weaponised against you and your wife is not moving out despite the fact it is absolute hell for the two of ye living in this house. She is doing that deliberately to you to drive you mad".

The man told Judge Gabbett that he drew up his last will and testament recently after a stressed-induced stay in hospital brought about by a flashpoint with his wife at their home.

Judge Gabbett said that the couple - who have children - are both refusing to move out and deal with a very contentious family law situation.

The man said that he has issued divorce proceedings and told Judge Gabbett: “I am afraid of what she is going to do next.”

Asked by Judge Gabbett has she ever laid a hand on him, the man said: “No - and I have never laid a hand on her.”

The man said that he is a victim of coercion and emotional abuse and Judge Gabbett said that he had outlined his grounds for a Protection Order against his wife in a lengthy written statement.

The man said that his wife has removed all the external security cameras at the house and Judge Gabbett said that the wife “will come in here and say 'I am being spied upon, I am being listened to, I am being followed' - that is what she is going to say”.

Judge Gabbett told the man “I feel very sorry for you” but said that he was rejecting his application for a Protection Order under the Domestic Violence Act as the grounds were not there.

Judge Gabbett said that what is going on in the marriage “is brinkmanship at its best”.

He said: "It is like two countries at war and one of them is just putting their toe over the border every morning - a bit like Poland where the Russians sent drones over to see what would happen.”

Judge Gabbett told the man to “aggressively pursue your divorce with every means necessary so that this can end”.