J v M [2002] JLR 330 (22 May 2002)

J v M [2002] JLR 330 (22 May 2002)

The court held that in assessing financial provision, it must consider all resources available to the parties, including those not absolutely owned, those inferred from expenditure, and those unascertainable due to complexity. The court may encourage trustees to make distributions to enable compliance with financial orders.

Citation
[2002] JLR 330
Parties
Applicant: J; Respondent: M
Jurisdiction
Jersey
Judgment Date
22 May 2002
Procedural Posture
Family Law Financial Provision / Judgment
Outcome
Guidance on assessment of means in financial provision proceedings; no specific order detailed in summary.
Legal Topics
Financial Provision, Means of Parties, Discretionary Trusts
Family Law Financial Provision Means of Parties Discretionary Trusts

Case Brief

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Parties

J

Applicant

M

Respondent

Procedural Posture

Family Law Financial Provision / Judgment

Legal Issues

  1. 1 How should the court assess the means of the parties in financial provision proceedings, particularly regarding resources not absolutely owned, resources inferred from expenditure, and resources unascertainable due to complexity?

Ratio Decidendi

The court held that in assessing financial provision, it must consider all resources available to the parties, including those not absolutely owned, those inferred from expenditure, and those unascertainable due to complexity. The court may encourage trustees to make distributions to enable compliance with financial orders.

Court Disposition

Guidance on assessment of means in financial provision proceedings; no specific order detailed in summary.