Q -v- R (Matrimonial) [2016] JRC 152A (01 September 2016)

Q -v- R (Matrimonial) [2016] JRC 152A (01 September 2016)

Given the needs-based nature of the case, the welfare of the children as paramount, the limited realisable assets, and the inability to achieve an equal start for both parties, the court ordered a clean break with no spousal maintenance, child maintenance at £50 per week per child, and that the wife’s share in Property B be transferred to the husband for a fixed sum, rejecting claims for repayment of alleged loans and contributions, and excluding the herd and company assets from division.

Citation
[2016] JRC 152A
Parties
Petitioner: Q; Respondent: R
Jurisdiction
Jersey
Judgment Date
01 September 2016
Procedural Posture
Matrimonial (ancillary Relief) / Final Judgment After Contested Hearing
Outcome
Ancillary relief granted with clean break; fixed sum to wife for her share in Property B; child maintenance ordered; no spousal maintenance; other claims dismissed.
Legal Topics
Ancillary Relief, Division of Matrimonial Assets, Child Maintenance, Spousal Maintenance, Clean Break, Needs Based Distribution
Family Law Ancillary Relief Division of Matrimonial Assets Child Maintenance Spousal Maintenance Clean Break Needs Based Distribution

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Parties

Q

Petitioner

R

Respondent

Procedural Posture

Matrimonial (ancillary Relief) / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Appropriate division of matrimonial assets including Property B
  2. 2 Entitlement to and quantum of child maintenance
  3. 3 Entitlement to spousal maintenance or clean break

Ratio Decidendi

Given the needs-based nature of the case, the welfare of the children as paramount, the limited realisable assets, and the inability to achieve an equal start for both parties, the court ordered a clean break with no spousal maintenance, child maintenance at £50 per week per child, and that the wife’s share in Property B be transferred to the husband for a fixed sum, rejecting claims for repayment of alleged loans and contributions, and excluding the herd and company assets from division.

Court Disposition

Ancillary relief granted with clean break; fixed sum to wife for her share in Property B; child maintenance ordered; no spousal maintenance; other claims dismissed.

Orders

  • Child maintenance at £50 per week per child until each attains 18 or ceases full-time education, whichever is later, with annual increases in line with JRPI.
  • Review of child maintenance if children enter tertiary education or there is a material change in circumstances.