Q -v- R (Matrimonial) [2017] JRC 123 (01 August 2017)

Q -v- R (Matrimonial) [2017] JRC 123 (01 August 2017)

The Court refused the Petitioner's application for further disclosure regarding the Respondent's new wife's income and certain bank transactions, holding that these matters are not presently relevant to the issues to be determined at the substantive hearing, given the current submissions that the Respondent's income needs and those of his new family are not to be taken into account. However, the application may be renewed if the Respondent's position changes.

Citation
[2017] JRC 123
Parties
Petitioner: Petitioner; Respondent: Respondent
Jurisdiction
Jersey
Judgment Date
01 August 2017
Procedural Posture
Family Law Financial Remedy / Interlocutory Application for Further Disclosure in Ongoing Spousal Maintenance Review Proceedings
Outcome
Application for further disclosure refused with liberty to renew if Respondent's submissions change.
Legal Topics
Spousal Maintenance, Variation of Maintenance Orders, Financial Disclosure, Consent Orders
Family Law Spousal Maintenance Variation of Maintenance Orders Financial Disclosure Consent Orders

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Parties

Petitioner

Petitioner

Respondent

Respondent

Procedural Posture

Family Law Financial Remedy / Interlocutory Application for Further Disclosure in Ongoing Spousal Maintenance Review Proceedings

Legal Issues

  1. 1 Whether the Petitioner is entitled to further disclosure regarding the Respondent's new wife's income and details of certain bank transactions in the context of a spousal maintenance review.

Ratio Decidendi

The Court refused the Petitioner's application for further disclosure regarding the Respondent's new wife's income and certain bank transactions, holding that these matters are not presently relevant to the issues to be determined at the substantive hearing, given the current submissions that the Respondent's income needs and those of his new family are not to be taken into account. However, the application may be renewed if the Respondent's position changes.

Court Disposition

Application for further disclosure refused with liberty to renew if Respondent's submissions change.

Orders

  • Application for directions 2 and 11 refused.
  • Costs of the application reserved for determination at the substantive hearing.