In the matter of ZZ [2011] JRC 186B (28 September 2011)

In the matter of ZZ [2011] JRC 186B (28 September 2011)

A 60/40 split of net equity in the former matrimonial home is fair, considering the petitioner's greater housing needs, limited earning capacity, lack of mortgage capacity, and the respondent's higher income and ability to recover financially. Each party keeps their own assets, and legal costs are borne individually.

Citation
[2011] JRC 186B
Parties
Applicant: Petitioner; Respondent: Respondent
Jurisdiction
Jersey
Judgment Date
28 September 2011
Procedural Posture
Matrimonial Financial Relief / Final Judgment
Outcome
decree for financial relief granted; 60/40 split of net equity in former matrimonial home in favour of petitioner
Legal Topics
Division of Matrimonial Assets, Mesher Order, Child Maintenance, Spousal Maintenance, Housing Needs, Pension Sharing
Family Law Division of Matrimonial Assets Mesher Order Child Maintenance Spousal Maintenance Housing Needs Pension Sharing

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Parties

Petitioner

Applicant

Respondent

Respondent

Procedural Posture

Matrimonial Financial Relief / Final Judgment

Legal Issues

  1. 1 What is the fair percentage split of net equity in the former matrimonial home?
  2. 2 Should the petitioner's pension be included in the asset division?
  3. 3 How should the parties' respective housing and financial needs be addressed post-sale?

Ratio Decidendi

A 60/40 split of net equity in the former matrimonial home is fair, considering the petitioner's greater housing needs, limited earning capacity, lack of mortgage capacity, and the respondent's higher income and ability to recover financially. Each party keeps their own assets, and legal costs are borne individually.

Court Disposition

decree for financial relief granted; 60/40 split of net equity in former matrimonial home in favour of petitioner

Orders

  • Mesher type order to arise in 2015, subject to conditions (remarriage, cohabitation, death, voluntary sale)
  • Petitioner to receive 60% of net proceeds of sale; respondent to receive 40%