Jersey Judgment

A v B [1979] JLR 125 (11 October 1979)

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Professional case brief

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Source document

01

Holding and result

The court may order a lump sum payment to the wife to enable the purchase of a house for herself and the young children, while preserving the family home in the occupation of the husband so that the children may return there when older if they wish.

Court disposition

lump sum payment ordered to wife; family home preserved for husband

Orders

  • Lump sum payment to wife for purchase of house for herself and young children
  • Family home to remain in occupation of husband

02

Material facts

Parties

A

Applicant

B

Respondent

03

Procedural history

  1. Posture

    Family Law Application / Judgment

04

Questions and positions

Legal issues

Whether the court may order a lump sum payment to the wife to enable purchase of a house for herself and young children while preserving the family home for the husband

Party arguments

Applicant
The applicant seeks provision for accommodation for herself and the young children, requesting a lump sum payment to enable the purchase of a house.
Respondent
The respondent wishes to retain occupation of the family home, allowing the children to return when older if they wish.

05

Court’s reasoning

  1. 01

    [1979] JLR 125

    Provision of homes for all family members should be the court's first consideration in financial provision cases.

06

Ratio, limits and disposition

Ratio decidendi

The court may order a lump sum payment to the wife to enable the purchase of a house for herself and the young children, while preserving the family home in the occupation of the husband so that the children may return there when older if they wish.

Court disposition

lump sum payment ordered to wife; family home preserved for husband

  • Lump sum payment to wife for purchase of house for herself and young children
  • Family home to remain in occupation of husband

Source and reliance status

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Judgment text

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Source document

Court record

Judgment

[1979] JLR 125

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BAILII >> Databases >> Jersey Law Reports >> A v B [1979] JLR 125 (11 October 1979) URL: https://www.bailii.org/je/cases/JLR/1979/JLR790125.html Cite as: [1979] JLR 125 [ New search ] [ Help ] A v B 1979 JLR 125 (11 October 1979) Family Law-financial provision-accommodation for family-provision of homes for all family members to be court's first consideration-may order lump sum payment to wife to enable purchase of house for self and young children, while preserving family home in occupation of husband so that children may return there when older if wish to do so The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 1979 JLR 125 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1979/JLR790125.html

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