Matrimonial - a clean break [2012] JRC 000 (02 November 2012)

Matrimonial - a clean break [2012] JRC 000 (02 November 2012)

The court has the power to order a clean break in matrimonial proceedings in Jersey, and it is the policy of the court to strive for a clean break where possible without causing undue financial hardship, even if both parties do not agree.

Citation
[2012] JRC 000
Parties
Applicant: Husband; Respondent: Wife
Jurisdiction
Jersey
Judgment Date
02 November 2012
Procedural Posture
Matrimonial / Application for Clean Break Order
Outcome
Wife's contention rejected; court may order a clean break.
Legal Topics
Clean Break, Spousal Maintenance, Financial Provision on Divorce
Family Law Clean Break Spousal Maintenance Financial Provision on Divorce

Case Brief

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Parties

Husband

Applicant

Wife

Respondent

Procedural Posture

Matrimonial / Application for Clean Break Order

Legal Issues

  1. 1 Whether the court has statutory power to order a clean break without both parties' consent under Jersey law
  2. 2 Whether English law on clean break can be imported into Jersey law
  3. 3 Whether the court should strive to achieve a clean break in matrimonial proceedings

Ratio Decidendi

The court has the power to order a clean break in matrimonial proceedings in Jersey, and it is the policy of the court to strive for a clean break where possible without causing undue financial hardship, even if both parties do not agree.

Court Disposition

Wife's contention rejected; court may order a clean break.

Orders

  • Court may order a clean break in appropriate circumstances.