D v E and F [2001] JRC 81B (05 April 2001)

D v E and F [2001] JRC 81B (05 April 2001)

The court held that an equal division of capital, including an adjusted CETV for the husband's pension, was fair and that the wife would not suffer grave financial hardship if assets were divided accordingly. Maintenance for the wife was reduced and set to end upon payment of a lump sum, with provision for a clean break thereafter.

Citation
[2001] JRC 81B
Parties
Wife: D; Husband: E
Jurisdiction
Jersey
Judgment Date
05 April 2001
Procedural Posture
Judicial Separation / Ancillary Relief Determination Following Decree of Judicial Separation
Outcome
Ancillary relief granted; equal division of assets ordered; maintenance reduced and set to end upon lump sum payment; clean break to follow.
Legal Topics
Judicial Separation, Ancillary Relief, Division of Assets, Pension Valuation, Maintenance, Financial Hardship
Family Law Judicial Separation Ancillary Relief Division of Assets Pension Valuation Maintenance Financial Hardship

Case Brief

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Parties

D

Wife

E

Husband

Procedural Posture

Judicial Separation / Ancillary Relief Determination Following Decree of Judicial Separation

Legal Issues

  1. 1 How should the matrimonial assets, including pensions, be divided following judicial separation?
  2. 2 Is the wife entitled to further financial provision or maintenance?
  3. 3 Does the wife suffer grave financial hardship justifying refusal of divorce under relevant statutes?

Ratio Decidendi

The court held that an equal division of capital, including an adjusted CETV for the husband's pension, was fair and that the wife would not suffer grave financial hardship if assets were divided accordingly. Maintenance for the wife was reduced and set to end upon payment of a lump sum, with provision for a clean break thereafter.

Court Disposition

Ancillary relief granted; equal division of assets ordered; maintenance reduced and set to end upon lump sum payment; clean break to follow.

Orders

  • Release of £118,374 from escrow to wife after 10 days from order distribution.
  • Husband to pay lump sum of £50,000 to wife upon retirement in July 2007, no interest payable.