S v G [2003] JRC 091A (11 June 2003)

S v G [2003] JRC 091A (11 June 2003)

The court determined child maintenance at £120 per week per child, based on the lower of the relevant CSA bands, without reduction for access or other contributions. The matrimonial home is to be transferred to the wife, with the husband to receive £25,000 immediately and 14% of the gross sale proceeds (approx. £64,000 at present value) upon sale or when the children are grown up. Asset division results in the wife receiving 55% and the husband 45% of total assets. Both parties are entitled to claim child tax relief equally. No order as to costs at this stage.

Citation
[2003] JRC 091A
Parties
Respondent: Mrs S; Petitioner: Mr S
Jurisdiction
Jersey
Judgment Date
11 June 2003
Procedural Posture
Divorce/ancillary Relief / Post Decree Nisi, Ancillary Relief Determination
Outcome
Ancillary relief orders made; child maintenance and asset division determined; no order as to costs.
Legal Topics
Ancillary Relief, Child Maintenance, Division of Matrimonial Assets, Pension Sharing, Child Tax Relief
Family Law Ancillary Relief Child Maintenance Division of Matrimonial Assets Pension Sharing Child Tax Relief

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Parties

Mrs S

Respondent

Mr S

Petitioner

Procedural Posture

Divorce/ancillary Relief / Post Decree Nisi, Ancillary Relief Determination

Legal Issues

  1. 1 Determination of child maintenance rate
  2. 2 Terms for transfer of matrimonial home
  3. 3 Division of matrimonial assets and pensions

Ratio Decidendi

The court determined child maintenance at £120 per week per child, based on the lower of the relevant CSA bands, without reduction for access or other contributions. The matrimonial home is to be transferred to the wife, with the husband to receive £25,000 immediately and 14% of the gross sale proceeds (approx. £64,000 at present value) upon sale or when the children are grown up. Asset division results in the wife receiving 55% and the husband 45% of total assets. Both parties are entitled to claim child tax relief equally. No order as to costs at this stage.

Court Disposition

Ancillary relief orders made; child maintenance and asset division determined; no order as to costs.

Orders

  • Wife to pay child maintenance of £120 per week per child (£12,480 per annum total) to husband.
  • Matrimonial home to be transferred to wife; husband to receive £25,000 immediately and 14% of gross sale proceeds upon sale or when children are grown up.