P -v- O (Matrimonial) [2016] JRC 166 (15 September 2016)

P -v- O (Matrimonial) [2016] JRC 166 (15 September 2016)

Registrar was entitled to find that the appellant unreasonably refused to cooperate with the sale at £765,000, resulting in additional costs; financial consequences of the failed sale should be borne by the appellant; Registrar's orders for payment of child care costs and other financial obligations were justified based on evidence and past conduct.

Citation
[2016] JRC 166
Parties
Appellant: P; Respondent: O
Jurisdiction
Jersey
Judgment Date
15 September 2016
Procedural Posture
Matrimonial Appeal / Appeal From Family Registrar's Order
Outcome
appeal dismissed
Legal Topics
Division of Matrimonial Assets, Child Maintenance, Sale of Matrimonial Home, Appeals Procedure
Family Law Division of Matrimonial Assets Child Maintenance Sale of Matrimonial Home Appeals Procedure

Case Brief

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Parties

P

Appellant

O

Respondent

Procedural Posture

Matrimonial Appeal / Appeal From Family Registrar's Order

Legal Issues

  1. 1 whether the appellant was responsible for blocking the sale of the matrimonial property
  2. 2 whether the financial orders made by the Registrar were justified
  3. 3 whether the Registrar erred in ordering payments for child care and related costs

Ratio Decidendi

Registrar was entitled to find that the appellant unreasonably refused to cooperate with the sale at £765,000, resulting in additional costs; financial consequences of the failed sale should be borne by the appellant; Registrar's orders for payment of child care costs and other financial obligations were justified based on evidence and past conduct.

Court Disposition

appeal dismissed

Orders

  • Appellant to pay respondent's costs of and incidental to the appeal on the standard basis, to be taxed if not agreed