In the matter of II [2010] JRC 233A (21 December 2010)

In the matter of II [2010] JRC 233A (21 December 2010)

The Court determined that the petitioner should retain both properties for the benefit of herself and the children, but must make a reduced lump sum payment to the respondent to discharge his tax obligation, without ordering sale of the property, and set out arrangements for child maintenance and mortgage release.

Citation
[2010] JRC 233A
Parties
Petitioner: Petitioner; Respondent: Respondent; Amicus: Mr Haines
Jurisdiction
Jersey
Judgment Date
21 December 2010
Procedural Posture
Matrimonial Financial Remedy / Post Judgment, Further Submissions and Final Orders
Outcome
petitioner ordered to pay lump sum to respondent, arrangements for child maintenance and mortgage release, costs of amicus paid from public funds
Legal Topics
Financial Remedy, Property Valuation, Child Maintenance, Lump Sum Payment
Family Law Financial Remedy Property Valuation Child Maintenance Lump Sum Payment

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 3 Authorities cited 1 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Petitioner

Petitioner

Respondent

Respondent

Mr Haines

Amicus

Procedural Posture

Matrimonial Financial Remedy / Post Judgment, Further Submissions and Final Orders

Legal Issues

  1. 1 valuation of matrimonial property
  2. 2 entitlement to lump sum payment
  3. 3 child maintenance arrangements

Ratio Decidendi

The Court determined that the petitioner should retain both properties for the benefit of herself and the children, but must make a reduced lump sum payment to the respondent to discharge his tax obligation, without ordering sale of the property, and set out arrangements for child maintenance and mortgage release.

Court Disposition

petitioner ordered to pay lump sum to respondent, arrangements for child maintenance and mortgage release, costs of amicus paid from public funds

Orders

  • Petitioner to pay lump sum of £37,073 to respondent within three months.
  • Petitioner to continue paying mortgage interest on Winchester property and procure respondent's release from mortgage within three months.