Knight v Elwell [1977] JLR 177 (22 September 1977)

Knight v Elwell [1977] JLR 177 (22 September 1977)

The court held that the wife's share of family assets should be less than one-third because she brought no capital assets into the marriage and her only contribution was care of home and child; her earning capacity was not considered due to lack of qualifications and uncertain prospects.

Citation
[1977] JLR 177
Parties
Applicant: Knight; Respondent: Elwell
Jurisdiction
Jersey
Judgment Date
22 September 1977
Procedural Posture
Family Law / Judgment
Outcome
wife's share of assets reduced below one-third
Legal Topics
Financial Provision, Division of Assets, Contribution to Family Assets, Earning Capacity
Family Law Financial Provision Division of Assets Contribution to Family Assets Earning Capacity

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Knight

Applicant

Elwell

Respondent

Procedural Posture

Family Law / Judgment

Legal Issues

  1. 1 What is the appropriate share of family assets for a wife whose only contribution was care of home and child?
  2. 2 Should the wife's earning capacity be considered when she has no qualifications and uncertain prospects?

Ratio Decidendi

The court held that the wife's share of family assets should be less than one-third because she brought no capital assets into the marriage and her only contribution was care of home and child; her earning capacity was not considered due to lack of qualifications and uncertain prospects.

Court Disposition

wife's share of assets reduced below one-third