D v E (Matrimonial) 19-Apr-2021 [2021] JRC 116 (19 April 2021)

D v E (Matrimonial) 19-Apr-2021 [2021] JRC 116 (19 April 2021)

The Petitioner is entitled to apply for Decree Absolute because he has given a satisfactory undertaking to comply with any financial orders, there is no evidence of material prejudice to the Respondent, and any potential prejudice can be addressed in the final financial order.

Citation
[2021] JRC 116
Parties
Petitioner: D; Respondent: E
Jurisdiction
Jersey
Judgment Date
19 April 2021
Procedural Posture
Divorce / Application for Leave to Apply for Decree Absolute
Outcome
Petitioner granted leave to apply for Decree Absolute
Legal Topics
Divorce, Ancillary Relief, Decree Absolute, Undertakings, Financial Provision
Family Law Divorce Ancillary Relief Decree Absolute Undertakings Financial Provision

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Parties

D

Petitioner

E

Respondent

Procedural Posture

Divorce / Application for Leave to Apply for Decree Absolute

Legal Issues

  1. 1 Whether the Petitioner should be granted leave to apply for Decree Absolute prior to resolution of ancillary financial matters
  2. 2 Whether the Respondent would suffer financial prejudice if leave is granted

Ratio Decidendi

The Petitioner is entitled to apply for Decree Absolute because he has given a satisfactory undertaking to comply with any financial orders, there is no evidence of material prejudice to the Respondent, and any potential prejudice can be addressed in the final financial order.

Court Disposition

Petitioner granted leave to apply for Decree Absolute

Orders

  • Petitioner entitled to apply for Decree Absolute