J - v - H and R [2005] JRC 071 (24 May 2005)

J - v - H and R [2005] JRC 071 (24 May 2005)

The decree absolute should not be withheld further as the husband is willing to cooperate in the transfer; the wife is offered a further period to raise the 10% payment, failing which the property must be sold and proceeds distributed as per the original consent order.

Citation
[2005] JRC 071
Parties
Petitioner: Mrs H; Respondent: Mr H
Jurisdiction
Jersey
Judgment Date
24 May 2005
Procedural Posture
Divorce / Post Consent Order, Application for Decree Absolute
Outcome
Decree absolute to be issued as soon as appeal process is complete; wife given further period to raise 10% payment, failing which property to be sold and proceeds distributed 90% to wife, 10% to husband.
Legal Topics
Property Division, Ancillary Relief, Consent Order Enforcement
Family Law Property Division Ancillary Relief Consent Order Enforcement

Case Brief

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Parties

Mrs H

Petitioner

Mr H

Respondent

Procedural Posture

Divorce / Post Consent Order, Application for Decree Absolute

Legal Issues

  1. 1 Whether the decree absolute should be granted before transfer of property and payment of 10% to respondent
  2. 2 Whether the wife’s inability to pay 10% frustrates the consent order
  3. 3 Whether the property should be sold if payment cannot be made

Ratio Decidendi

The decree absolute should not be withheld further as the husband is willing to cooperate in the transfer; the wife is offered a further period to raise the 10% payment, failing which the property must be sold and proceeds distributed as per the original consent order.

Court Disposition

Decree absolute to be issued as soon as appeal process is complete; wife given further period to raise 10% payment, failing which property to be sold and proceeds distributed 90% to wife, 10% to husband.

Orders

  • Decree absolute to be issued post-appeal.
  • Wife given further period to raise 10% payment.