In re de Sousa v [1985] JLR 379 (02 July 1986)

In re de Sousa v [1985] JLR 379 (02 July 1986)

The Royal Court cannot remit arrears of periodical payments but can retrospectively vary the order and reduce the amount payable from the outset, effectively achieving the same result.

Citation
[1985] JLR 379
Parties
Applicant: de Sousa
Jurisdiction
Jersey
Judgment Date
02 July 1986
Procedural Posture
Family Law Financial Provision / Appeal
Outcome
Order for periodical payments may be varied retrospectively; no power to remit arrears.
Legal Topics
Financial Provision, Periodical Payments, Variation of Orders
Family Law Financial Provision Periodical Payments Variation of Orders

Case Brief

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Parties

de Sousa

Applicant

Procedural Posture

Family Law Financial Provision / Appeal

Legal Issues

  1. 1 Whether the Royal Court has power to remit arrears of periodical payments
  2. 2 Whether the Royal Court may vary an order for periodical payments retrospectively

Ratio Decidendi

The Royal Court cannot remit arrears of periodical payments but can retrospectively vary the order and reduce the amount payable from the outset, effectively achieving the same result.

Court Disposition

Order for periodical payments may be varied retrospectively; no power to remit arrears.

Orders

  • Retrospective variation of periodical payments order permitted