P v P [2002] JRC 70A (26 March 2002)

P v P [2002] JRC 70A (26 March 2002)

The Royal Court has jurisdiction and discretion to extend Mareva injunctions and make ancillary orders, including interim maintenance payments and discovery, in aid of foreign matrimonial proceedings, based on comity, local authority, and the need to prevent asset dissipation.

Citation
[2002] JRC 70A
Parties
Petitioner: SP; Respondent: Mr P; Partie Publique: Attorney General
Jurisdiction
Jersey
Judgment Date
26 March 2002
Procedural Posture
Matrimonial Proceedings / Interlocutory Application for Extension of Interim Injunction and Ancillary Orders
Outcome
Application granted
Legal Topics
Mareva Injunction, Comity, Enforcement of Foreign Orders, Maintenance Pending Suit, Discovery of Assets
Family Law Conflict of Laws Civil Procedure Mareva Injunction Comity Enforcement of Foreign Orders Maintenance Pending Suit Discovery of Assets

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Parties

SP

Petitioner

Mr P

Respondent

Attorney General

Partie Publique

Procedural Posture

Matrimonial Proceedings / Interlocutory Application for Extension of Interim Injunction and Ancillary Orders

Legal Issues

  1. 1 Whether the Royal Court has jurisdiction to extend a Mareva injunction in aid of foreign matrimonial proceedings
  2. 2 Whether the Court should order interim maintenance payments from arrested assets
  3. 3 Whether the Court should order discovery of the respondent's assets

Ratio Decidendi

The Royal Court has jurisdiction and discretion to extend Mareva injunctions and make ancillary orders, including interim maintenance payments and discovery, in aid of foreign matrimonial proceedings, based on comity, local authority, and the need to prevent asset dissipation.

Court Disposition

Application granted

Orders

  • Maintenance pending suit and interim periodical payments of £8,584 per month to be paid by the respondent from arrested funds as ordered by the High Court of England and Wales.
  • Within 14 days, parties cited must disclose to the petitioner's solicitors, verified by affidavit, all documents indicating the value, location, and details of the respondent's assets held by them now or in the past three years.