I -v- T and B [2007] JRC 009A (16 January 2007)

I -v- T and B [2007] JRC 009A (16 January 2007)

The matrimonial home is to be transferred to the wife, subject to her guaranteeing the larger business loan and paying a lump sum of £100,000 to the husband (secured on the home and payable when the youngest child turns 18), to achieve a fair and broadly equal division of assets, taking into account the quality and growth potential of the respective assets. No spousal maintenance is ordered, and each party bears their own costs except for the wife's responsibility for property transfer costs. Child maintenance is set at £530 per child per month, with a review after five years.

Citation
[2007] JRC 009A
Parties
Child: C E; Child: C A; Child: F; Husband: Husband; Wife: Wife
Jurisdiction
Jersey
Judgment Date
16 January 2007
Procedural Posture
Ancillary Relief (divorce) / Post Decree Nisi, Settlement of Ancillary Matters
Outcome
Matrimonial home transferred to wife, lump sum of £100,000 payable to husband (secured, delayed), no spousal maintenance, child maintenance set, each party bears own costs except transfer costs.
Legal Topics
Ancillary Relief, Division of Matrimonial Assets, Child Maintenance, Spousal Maintenance, Clean Break, Valuation of Assets
Family Law Ancillary Relief Division of Matrimonial Assets Child Maintenance Spousal Maintenance Clean Break Valuation of Assets

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Parties

C E

Child

C A

Child

F

Child

Husband

Husband

Wife

Wife

Procedural Posture

Ancillary Relief (divorce) / Post Decree Nisi, Settlement of Ancillary Matters

Legal Issues

  1. 1 How should the matrimonial assets be divided between the parties?
  2. 2 What is the appropriate amount and timing for a lump sum payment to equalise financial positions?
  3. 3 What are the appropriate arrangements for child maintenance and related expenses?

Ratio Decidendi

The matrimonial home is to be transferred to the wife, subject to her guaranteeing the larger business loan and paying a lump sum of £100,000 to the husband (secured on the home and payable when the youngest child turns 18), to achieve a fair and broadly equal division of assets, taking into account the quality and growth potential of the respective assets. No spousal maintenance is ordered, and each party bears their own costs except for the wife's responsibility for property transfer costs. Child maintenance is set at £530 per child per month, with a review after five years.

Court Disposition

Matrimonial home transferred to wife, lump sum of £100,000 payable to husband (secured, delayed), no spousal maintenance, child maintenance set, each party bears own costs except transfer costs.

Orders

  • Former matrimonial home to be transferred to wife, subject to her guaranteeing the larger business loan and registration of the guarantee on the home.
  • Wife to pay husband a lump sum of £100,000, secured on the home, payable by 31st December of the year the youngest child turns 18.