P -v- F 28-Feb-2006 [2006] JRC 029A (28 February 2006)

P -v- F 28-Feb-2006 [2006] JRC 029A (28 February 2006)

A Mesher Order is justified to allow the husband and the two younger children to remain in the former matrimonial home until the youngest child reaches 18 or ceases full-time education, after which the property will be sold and the proceeds divided equally, reflecting both parties' contributions and future needs.

Citation
[2006] JRC 029A
Parties
Petitioner: P; Respondent: F
Jurisdiction
Jersey
Judgment Date
28 February 2006
Procedural Posture
Family Law Ancillary Relief / Reasons for Mesher Order After Hearing
Outcome
Mesher Order granted; proceeds of sale to be divided equally after trigger event.
Legal Topics
Mesher Order, Division of Matrimonial Property, Child Welfare, Spousal Financial Provision
Family Law Mesher Order Division of Matrimonial Property Child Welfare Spousal Financial Provision

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Parties

P

Petitioner

F

Respondent

Procedural Posture

Family Law Ancillary Relief / Reasons for Mesher Order After Hearing

Legal Issues

  1. 1 Whether a Mesher Order should be made regarding the former matrimonial home
  2. 2 How the proceeds of sale should be divided between the parties
  3. 3 Consideration of the needs of the children and financial contributions of the parties

Ratio Decidendi

A Mesher Order is justified to allow the husband and the two younger children to remain in the former matrimonial home until the youngest child reaches 18 or ceases full-time education, after which the property will be sold and the proceeds divided equally, reflecting both parties' contributions and future needs.

Court Disposition

Mesher Order granted; proceeds of sale to be divided equally after trigger event.

Orders

  • Former matrimonial home to remain in joint names until the youngest child reaches 18 or ceases full-time education, or other trigger events occur.
  • Upon sale, proceeds (after expenses) to be divided equally.