In the matter of ZZ [2010] JRC 134A (19 July 2010)

In the matter of ZZ [2010] JRC 134A (19 July 2010)

The petitioner's open position for interim maintenance of £127,600 per annum (including legal costs) is reasonable given the parties' financial circumstances, the marital standard of living, and the respondent's ability to pay. The petitioner is entitled to the full net proceeds of the St Ouen property to purchase a new home and cover related costs, with such sum to be taken into account at final settlement.

Citation
[2010] JRC 134A
Parties
Petitioner: Petitioner; Respondent: Respondent
Jurisdiction
Jersey
Judgment Date
19 July 2010
Procedural Posture
Matrimonial/financial Relief / Interim Maintenance Pending Suit
Outcome
interim maintenance and distribution of property proceeds ordered
Legal Topics
Interim Maintenance, Financial Provision, Maintenance Pending Suit, Sale of Matrimonial Property, Legal Costs
Family Law Interim Maintenance Financial Provision Maintenance Pending Suit Sale of Matrimonial Property Legal Costs

Case Brief

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Parties

Petitioner

Petitioner

Respondent

Respondent

Procedural Posture

Matrimonial/financial Relief / Interim Maintenance Pending Suit

Legal Issues

  1. 1 What is the reasonable amount of interim maintenance for the petitioner and children?
  2. 2 Should the petitioner receive a contribution towards legal costs?
  3. 3 How should the proceeds of sale of the St Ouen property be distributed pending final settlement?

Ratio Decidendi

The petitioner's open position for interim maintenance of £127,600 per annum (including legal costs) is reasonable given the parties' financial circumstances, the marital standard of living, and the respondent's ability to pay. The petitioner is entitled to the full net proceeds of the St Ouen property to purchase a new home and cover related costs, with such sum to be taken into account at final settlement.

Court Disposition

interim maintenance and distribution of property proceeds ordered

Orders

  • Respondent to pay £127,600 per annum interim maintenance for petitioner and children, including legal costs.
  • Petitioner to receive the whole of the net proceeds of the St Ouen property, without prejudice to final settlement.