O v O [2005] JLR 535 (14 November 2005)
- Citation
- [2005] JLR 535
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Family Law Financial Provision / Judgment
More details
- Posture
- Family Law Financial Provision / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
A Mesher order is inappropriate where enforcement risks, financial instability, poor relations, and future housing insecurity for the wife exist.
Court disposition
Mesher order refused
02
Material facts
Parties
O
ApplicantO
Respondent03
Procedural history
Posture
Family Law Financial Provision / Judgment
04
Questions and positions
Legal issues
Whether a Mesher order is appropriate in the circumstances of the parties' financial and personal situation
Party arguments
- Applicant
- The applicant sought financial provision, including regular payments and postponement of sale of the matrimonial home.
- Respondent
- The respondent was in financial difficulty, self-employed with no capital assets, and regular payments would be difficult to enforce.
05
Court’s reasoning
Legal principles
- 01
[2005] JLR 535
A Mesher order postponing sale of the matrimonial home and division of proceeds but requiring regular payments is inappropriate if creditors could enforce claims against the husband's share, enforcement of payments is difficult, the parties have a poor relationship, or the wife may be unable to obtain adequate housing in the future.
06
Ratio, limits and disposition
Ratio decidendi
A Mesher order is inappropriate where enforcement risks, financial instability, poor relations, and future housing insecurity for the wife exist.
Court disposition
Mesher order refused
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> O v O [2005] JLR 535 (14 November 2005) URL: https://www.bailii.org/je/cases/JLR/2005/JLR050535.html Cite as: [2005] JLR 535 [ New search ] [ Help ] O v O 2005 JLR 535 (14 November 2005) Family Law-financial provision-Mesher order-order postponing sale of matrimonial home and division of proceeds but requiring regular payments by husband inappropriate if (a) creditors could enforce claims against husband's share, putting wife and children's home at risk; (b) difficult to enforce payments as husband in financial difficulty and self-employed with no capital assets; (c) parties' poor relationship; and (d) possibility wife unable to obtain adequate housing in future The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2005 JLR 535 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2005/JLR050535.html
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