In the matter of GG [2010] JRC 202 (09 November 2010)

In the matter of GG [2010] JRC 202 (09 November 2010)

The Deputy Registrar's decision to proceed in the wife's absence was based on a misapprehension of her mental health; the costs orders and transfer of all assets to the husband were unfair. The wife was entitled to a lump sum of £90,000, with interest, reflecting a fair division of assets and the needs of the child.

Citation
[2010] JRC 202
Parties
Appellant (wife): A; Respondent (husband): B
Jurisdiction
Jersey
Judgment Date
09 November 2010
Procedural Posture
Family Law Appeal (ancillary Relief, Costs, Residence and Contact) / Appeal From Deputy Registrar's Order of 27 July 2009
Outcome
Appeal allowed; Deputy Registrar's orders varied.
Legal Topics
Ancillary Relief, Costs Orders, Residence and Contact, Mental Health and Capacity, Clean Break, Mesher Order, Division of Matrimonial Assets
Family Law Ancillary Relief Costs Orders Residence and Contact Mental Health and Capacity Clean Break Mesher Order Division of Matrimonial Assets

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Parties

A

Appellant (wife)

B

Respondent (husband)

Procedural Posture

Family Law Appeal (ancillary Relief, Costs, Residence and Contact) / Appeal From Deputy Registrar's Order of 27 July 2009

Legal Issues

  1. 1 Whether the Deputy Registrar erred in proceeding in the absence of the wife
  2. 2 Whether the costs orders and transfer of all assets to the husband were fair
  3. 3 Appropriate division of matrimonial assets given the wife's mental health and the needs of the child

Ratio Decidendi

The Deputy Registrar's decision to proceed in the wife's absence was based on a misapprehension of her mental health; the costs orders and transfer of all assets to the husband were unfair. The wife was entitled to a lump sum of £90,000, with interest, reflecting a fair division of assets and the needs of the child.

Court Disposition

Appeal allowed; Deputy Registrar's orders varied.

Orders

  • Deputy Registrar's orders for costs set aside.
  • Wife awarded lump sum of £90,000, payable within six months, with interest at 5% per annum (£375/month) until payment.