C v C [2009] JRC 092A (06 May 2009)

C v C [2009] JRC 092A (06 May 2009)

The court found the petitioner can reliably contribute 25% of the mortgage from February 2009. The respondent is entitled to receive back his approximate mortgage contributions of £40,000, given the increase in property value and to ensure fairness. Amendments to the consent order are justified under the liberty to apply clause and the court's powers under the Rules.

Citation
[2009] JRC 092A
Parties
Petitioner: Petitioner (Wife); Respondent: Respondent (Husband)
Jurisdiction
Jersey
Judgment Date
06 May 2009
Procedural Posture
Divorce/ancillary Relief / Post Consent Order, Determination of Outstanding Financial and Property Issues
Outcome
Amendments to consent order granted; respondent to receive £40,000 for mortgage contributions; petitioner to contribute 25% of mortgage from February 2009.
Legal Topics
Ancillary Relief, Consent Orders, Mesher Orders, Mortgage Contributions, Property Division
Family Law Ancillary Relief Consent Orders Mesher Orders Mortgage Contributions Property Division

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Parties

Petitioner (Wife)

Petitioner

Respondent (Husband)

Respondent

Procedural Posture

Divorce/ancillary Relief / Post Consent Order, Determination of Outstanding Financial and Property Issues

Legal Issues

  1. 1 Whether the petitioner can reliably contribute 25% towards the mortgage and from when
  2. 2 Whether the Mesher order should be varied to ensure fairness to the respondent
  3. 3 How to fairly compensate the respondent for mortgage contributions and property value increase

Ratio Decidendi

The court found the petitioner can reliably contribute 25% of the mortgage from February 2009. The respondent is entitled to receive back his approximate mortgage contributions of £40,000, given the increase in property value and to ensure fairness. Amendments to the consent order are justified under the liberty to apply clause and the court's powers under the Rules.

Court Disposition

Amendments to consent order granted; respondent to receive £40,000 for mortgage contributions; petitioner to contribute 25% of mortgage from February 2009.

Orders

  • Petitioner to contribute 25% of the mortgage from February 2009.
  • Respondent to receive £40,000 representing mortgage contributions since December 2005.