In the matter of L (Matrimonial) [2015] JRC 119 (02 June 2015)

In the matter of L (Matrimonial) [2015] JRC 119 (02 June 2015)

The Husband deliberately failed to disclose material financial information regarding imminent equity partnership and substantial assets, which would have materially affected the original ancillary relief order. The alienation of assets via the L Trust was intended, at least in substantial part, to defeat the Wife's claim. The original order is set aside, and new provision is made for maintenance and capital, reflecting the Wife's needs, earning capacity, and health, and the children's welfare.

Citation
[2015] JRC 119
Parties
Petitioner: A; Respondent: B
Jurisdiction
Jersey
Judgment Date
02 June 2015
Procedural Posture
Ancillary Relief Application (post Divorce) / Final Judgment After Rehearing Following Set Aside of Original Order
Outcome
Original ancillary relief order set aside; new ancillary relief order issued.
Legal Topics
Ancillary Relief, Non Disclosure, Trust Asset Alienation, Maintenance, Property Adjustment, Pauline Action, Disclosure Obligations
Family Law Trusts and Equity Ancillary Relief Non Disclosure Trust Asset Alienation Maintenance Property Adjustment Pauline Action +1 more

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Parties

A

Petitioner

B

Respondent

Procedural Posture

Ancillary Relief Application (post Divorce) / Final Judgment After Rehearing Following Set Aside of Original Order

Legal Issues

  1. 1 Whether the original ancillary relief order should be set aside for material non-disclosure
  2. 2 Whether the Husband's alienation of assets via trust was intended to defeat the Wife's claim
  3. 3 Appropriate quantum and structure of maintenance and capital provision for the Wife and children

Ratio Decidendi

The Husband deliberately failed to disclose material financial information regarding imminent equity partnership and substantial assets, which would have materially affected the original ancillary relief order. The alienation of assets via the L Trust was intended, at least in substantial part, to defeat the Wife's claim. The original order is set aside, and new provision is made for maintenance and capital, reflecting the Wife's needs, earning capacity, and health, and the children's welfare.

Court Disposition

Original ancillary relief order set aside; new ancillary relief order issued.

Orders

  • Transfer of Husband's interest in Y Ltd to Wife to vest beneficial interest in Property Y
  • Assignment of Standard Life endowment policy to Wife