Newell v Sandford [2001] JLR 518 (11 September 2001)

Newell v Sandford [2001] JLR 518 (11 September 2001)

Family assets should be divided equally on divorce if both spouses contributed equally, unless there is a good reason not to do so, and greater need prevails if assets are limited.

Citation
[2001] JLR 518
Parties
Applicant: Newell; Respondent: Sandford
Jurisdiction
Jersey
Judgment Date
11 September 2001
Procedural Posture
Divorce / Judgment
Outcome
assets divided equally unless greater need prevails
Legal Topics
Financial Provision, Division of Assets, Equality in Marriage
Family Law Financial Provision Division of Assets Equality in Marriage

Case Brief

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Parties

Newell

Applicant

Sandford

Respondent

Procedural Posture

Divorce / Judgment

Legal Issues

  1. 1 whether family assets should be divided equally on divorce when both spouses contribute equally
  2. 2 whether discrimination between roles of husband and wife is permissible in asset division

Ratio Decidendi

Family assets should be divided equally on divorce if both spouses contributed equally, unless there is a good reason not to do so, and greater need prevails if assets are limited.

Court Disposition

assets divided equally unless greater need prevails