A -v- B (Matrimonial) [2013] JRC 006 (11 January 2013)

A -v- B (Matrimonial) [2013] JRC 006 (11 January 2013)

The Deputy Registrar's order failed to account for selling costs and mortgage penalties, resulting in an unfair division of assets. The Court intervened to correct the net equity calculations and adjusted the division to achieve fairness, increasing the husband's share by £30,000 and reducing the wife's share of the sale proceeds of 1 Mountwise from £90,000 to £60,000.

Citation
[2013] JRC 006
Parties
Appellant: Husband; Respondent: Wife
Jurisdiction
Jersey
Judgment Date
11 January 2013
Procedural Posture
Matrimonial Appeal / Appeal From Deputy Registrar's Ancillary Relief Order
Outcome
Appeal allowed in part
Legal Topics
Ancillary Relief, Division of Matrimonial Assets, Child Maintenance, Appeal Procedure
Family Law Ancillary Relief Division of Matrimonial Assets Child Maintenance Appeal Procedure

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Parties

Husband

Appellant

Wife

Respondent

Procedural Posture

Matrimonial Appeal / Appeal From Deputy Registrar's Ancillary Relief Order

Legal Issues

  1. 1 Whether the Deputy Registrar's order resulted in a fair division of assets
  2. 2 Whether selling costs and mortgage penalties should be accounted for in net asset calculations
  3. 3 Whether the husband's SIPP is a matrimonial asset

Ratio Decidendi

The Deputy Registrar's order failed to account for selling costs and mortgage penalties, resulting in an unfair division of assets. The Court intervened to correct the net equity calculations and adjusted the division to achieve fairness, increasing the husband's share by £30,000 and reducing the wife's share of the sale proceeds of 1 Mountwise from £90,000 to £60,000.

Court Disposition

Appeal allowed in part

Orders

  • The wife's share of the sale proceeds of 1 Mountwise reduced from £90,000 to £60,000.
  • Deputy Registrar's order varied to reflect net equity positions and selling costs.