S -v- T (Matrimonial) [2018] JRC 093 (22 May 2018)

S -v- T (Matrimonial) [2018] JRC 093 (22 May 2018)

The respondent is entitled to a costs allowance of £100,000 as he cannot reasonably fund legal representation by other means, ensuring equality of arms. The court lacks jurisdiction to order an interim lump sum under Article 29(1)(b) as all circumstances have not yet been established. The petitioner's application for downward variation of spousal maintenance is dismissed as the current maintenance reflects the respondent's reasonable needs and marital standard of living.

Citation
[2018] JRC 093
Parties
Petitioner: Petitioner; Respondent: Respondent
Jurisdiction
Jersey
Judgment Date
22 May 2018
Procedural Posture
Matrimonial/ancillary Relief / Interim Applications Prior to Final Hearing
Outcome
partially granted
Legal Topics
Spousal Maintenance, Costs Allowance, Interim Lump Sum, Variation of Maintenance, Ancillary Relief
Family Law Spousal Maintenance Costs Allowance Interim Lump Sum Variation of Maintenance Ancillary Relief

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Parties

Petitioner

Petitioner

Respondent

Respondent

Procedural Posture

Matrimonial/ancillary Relief / Interim Applications Prior to Final Hearing

Legal Issues

  1. 1 Whether the respondent is entitled to a costs allowance for legal fees
  2. 2 Whether the respondent is entitled to an interim lump sum for property purchase
  3. 3 Whether the petitioner's application for downward variation of spousal maintenance should be granted

Ratio Decidendi

The respondent is entitled to a costs allowance of £100,000 as he cannot reasonably fund legal representation by other means, ensuring equality of arms. The court lacks jurisdiction to order an interim lump sum under Article 29(1)(b) as all circumstances have not yet been established. The petitioner's application for downward variation of spousal maintenance is dismissed as the current maintenance reflects the respondent's reasonable needs and marital standard of living.

Court Disposition

partially granted

Orders

  • Petitioner to pay respondent's legal advisors a costs allowance of £100,000.
  • Respondent's application for interim lump sum dismissed.