J -v- H and R [2005] JRC 160 (14 November 2005)

J -v- H and R [2005] JRC 160 (14 November 2005)

The Family Registrar's order was fair and reasonable, achieving a clean break and reflecting the parties' agreement; the wife's changed circumstances did not warrant setting aside the order.

Citation
[2005] JRC 160
Parties
Wife: J; Husband: H
Jurisdiction
Jersey
Judgment Date
14 November 2005
Procedural Posture
Matrimonial Appeal / Appeal From Family Registrar's Order
Outcome
appeal dismissed
Legal Topics
Division of Matrimonial Property, Variation of Consent Order, Clean Break Principle, Decree Absolute, Maintenance
Family Law Division of Matrimonial Property Variation of Consent Order Clean Break Principle Decree Absolute Maintenance

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Parties

J

Wife

H

Husband

Procedural Posture

Matrimonial Appeal / Appeal From Family Registrar's Order

Legal Issues

  1. 1 Whether the Family Registrar's order regarding property transfer and division was fair and reasonable
  2. 2 Whether the wife's changed circumstances justified setting aside the order
  3. 3 Interpretation of 'net proceeds' in the order

Ratio Decidendi

The Family Registrar's order was fair and reasonable, achieving a clean break and reflecting the parties' agreement; the wife's changed circumstances did not warrant setting aside the order.

Court Disposition

appeal dismissed

Orders

  • Order of the Family Registrar affirmed
  • No order as to costs except sale costs to be divided equally