J v K [2001] JRC 209A (24 October 2001)

J v K [2001] JRC 209A (24 October 2001)

A ratified matrimonial agreement, including a Mesher order, can be varied by the Greffier alone under Article 32, especially where the variation concerns implementation and not the existence of the order; the requested variation is not a prohibited 'further application', and both child maintenance and sale provisions may be considered for variation if justice requires.

Citation
[2001] JRC 209A
Parties
Applicant: Husband; Respondent: Wife
Jurisdiction
Jersey
Judgment Date
24 October 2001
Procedural Posture
Matrimonial / Post Divorce Variation Application
Outcome
Application for variation of child maintenance and sale provisions to be heard; Greffier has power to vary both matters.
Legal Topics
Variation of Consent Order, Mesher Order, Child Maintenance, Implementation of Matrimonial Agreement
Family Law Variation of Consent Order Mesher Order Child Maintenance Implementation of Matrimonial Agreement

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Parties

Husband

Applicant

Wife

Respondent

Procedural Posture

Matrimonial / Post Divorce Variation Application

Legal Issues

  1. 1 Can a ratified matrimonial agreement be varied by the Greffier alone?
  2. 2 Is the requested variation a 'further application' prohibited by the original order?
  3. 3 Should the Mesher order be varied to allow earlier sale of the matrimonial home?

Ratio Decidendi

A ratified matrimonial agreement, including a Mesher order, can be varied by the Greffier alone under Article 32, especially where the variation concerns implementation and not the existence of the order; the requested variation is not a prohibited 'further application', and both child maintenance and sale provisions may be considered for variation if justice requires.

Court Disposition

Application for variation of child maintenance and sale provisions to be heard; Greffier has power to vary both matters.

Orders

  • Date fixed for hearing the husband's application to vary child maintenance and sale provisions of the former matrimonial home.