Jersey Judgment

O v O [2005] JLR 535 (14 November 2005)

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Professional case brief

Research organized from the available case record

Source document

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

Applicant

O

Respondent

03

Procedural history

  1. 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

  1. 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

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Judgment text

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Source document

Court record

Judgment

[2005] JLR 535

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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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[2005] JLR 535

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