C v D (Matrimonial) 19-Aug-2019 [2019] JRC 159 (19 August 2019)

C v D (Matrimonial) 19-Aug-2019 [2019] JRC 159 (19 August 2019)

The agreement was not vitiated by non-disclosure because the petitioner's financial resources, including the widow's pension, were openly disclosed as an income stream, the respondent was fully aware of the pension from tax returns and documentation, and there was no misrepresentation or concealment. The court found no grounds to displace the agreement, which was properly and fairly arrived at with competent legal advice.

Citation
[2019] JRC 159
Parties
Petitioner: Petitioner; Respondent: Respondent
Jurisdiction
Jersey
Judgment Date
19 August 2019
Procedural Posture
Matrimonial Ancillary Relief / Post Agreement, Application for Court Approval of Settlement
Outcome
Agreement approved; ancillary relief order granted as per terms of the parties' agreement.
Legal Topics
Ancillary Relief, Consent Orders, Non Disclosure, Clean Break, Spousal Maintenance
Family Law Ancillary Relief Consent Orders Non Disclosure Clean Break Spousal Maintenance

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 5 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Petitioner

Petitioner

Respondent

Respondent

Procedural Posture

Matrimonial Ancillary Relief / Post Agreement, Application for Court Approval of Settlement

Legal Issues

  1. 1 Whether the agreement between the parties should be set aside for material non-disclosure by the petitioner
  2. 2 Whether the court should approve the ancillary relief agreement as fair

Ratio Decidendi

The agreement was not vitiated by non-disclosure because the petitioner's financial resources, including the widow's pension, were openly disclosed as an income stream, the respondent was fully aware of the pension from tax returns and documentation, and there was no misrepresentation or concealment. The court found no grounds to displace the agreement, which was properly and fairly arrived at with competent legal advice.

Court Disposition

Agreement approved; ancillary relief order granted as per terms of the parties' agreement.

Orders

  • Petitioner retains her property.
  • Respondent pays petitioner a lump sum of £495,523.50 as soon as possible.