T -v- B [2008] JRC 077A (19 May 2008)

T -v- B [2008] JRC 077A (19 May 2008)

The property will remain in joint names until six months after the youngest child leaves secondary education, at which point the net proceeds will be divided 80% to the wife and 20% to the husband, reflecting her vulnerability, lack of pension, and lower income.

Citation
[2008] JRC 077A
Parties
Petitioner: T; Respondent: B
Jurisdiction
Jersey
Judgment Date
19 May 2008
Procedural Posture
Divorce / Final Judgment
Outcome
Mesher order granted; property to remain in joint names until trigger date; division of proceeds upon sale.
Legal Topics
Division of Matrimonial Assets, Mesher Order, Pension Valuation, Child Maintenance
Family Law Division of Matrimonial Assets Mesher Order Pension Valuation Child Maintenance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

T

Petitioner

B

Respondent

Procedural Posture

Divorce / Final Judgment

Legal Issues

  1. 1 Whether the former matrimonial home should be held in joint names until after the youngest child leaves full time education
  2. 2 Whether the husband's pension value should be discounted in asset division
  3. 3 What proportion of net proceeds from sale should be allocated to each party

Ratio Decidendi

The property will remain in joint names until six months after the youngest child leaves secondary education, at which point the net proceeds will be divided 80% to the wife and 20% to the husband, reflecting her vulnerability, lack of pension, and lower income.

Court Disposition

Mesher order granted; property to remain in joint names until trigger date; division of proceeds upon sale.

Orders

  • Former matrimonial home to be held in joint names until six months after youngest child leaves full time education.
  • Upon sale, net proceeds to be divided 80% to wife and 20% to husband.