In the matter of S [2011] JRC 119 (22 June 2011)

In the matter of S [2011] JRC 119 (22 June 2011)

The wife's application for a lump sum is dismissed because she has already received a fair share of the available capital assets, primarily the liquid assets, and the husband's shares are illiquid and not realisable in the near future. The main value of the shares is as an income-producing asset, and there is no fair or non-speculative basis to order a deferred lump sum or a share of future proceeds. Periodical payments are appropriate given the inability to achieve a clean break, and the quantum is set to reflect the wife's reasonable needs and the husband's resources.

Citation
[2011] JRC 119
Parties
Applicant: [Redacted] (Wife); Respondent: [Redacted] (Husband)
Jurisdiction
Jersey
Judgment Date
22 June 2011
Procedural Posture
Ancillary Relief (financial Remedy) Following Divorce / Final Judgment After Contested Hearing
Outcome
Wife's application for a lump sum dismissed; periodical payments awarded.
Legal Topics
Ancillary Relief, Financial Provision, Periodical Payments, Lump Sum Applications, Valuation of Business Assets, Pension Discounting, Clean Break, Deferred Lump Sum, Section 25 Matrimonial Causes Act 1973
Family Law Ancillary Relief Financial Provision Periodical Payments Lump Sum Applications Valuation of Business Assets Pension Discounting Clean Break +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 18 Party arguments 2 Amounts and remedies 11
Sign in to unlock

Parties

[Redacted] (Wife)

Applicant

[Redacted] (Husband)

Respondent

Procedural Posture

Ancillary Relief (financial Remedy) Following Divorce / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the wife is entitled to a lump sum payment and/or periodical payments following divorce
  2. 2 How to value the husband's shareholding in a private company for the purposes of ancillary relief
  3. 3 Whether the wife's application for a lump sum should be adjourned pending realisation of the husband's shares

Ratio Decidendi

The wife's application for a lump sum is dismissed because she has already received a fair share of the available capital assets, primarily the liquid assets, and the husband's shares are illiquid and not realisable in the near future. The main value of the shares is as an income-producing asset, and there is no fair or non-speculative basis to order a deferred lump sum or a share of future proceeds. Periodical payments are appropriate given the inability to achieve a clean break, and the quantum is set to reflect the wife's reasonable needs and the husband's resources.

Court Disposition

Wife's application for a lump sum dismissed; periodical payments awarded.

Orders

  • Wife's application for a lump sum is dismissed.
  • Husband to pay periodical payments to the wife (quantum to be determined in accordance with the judgment).