Southern v Southern [1999] JLR 94 (22 April 1999)

Southern v Southern [1999] JLR 94 (22 April 1999)

The court held that pension entitlements must be considered in all cases involving financial provision and may be treated as 'property' under Matrimonial Causes (Jersey) Law 1949, art. 30 when considering a lump sum payment.

Citation
[1999] JLR 94
Parties
Applicant: Southern; Respondent: Southern
Jurisdiction
Jersey
Judgment Date
22 April 1999
Procedural Posture
Family Law Financial Provision / Judgment
Outcome
Guidance issued on treatment of pensions in financial provision cases.
Legal Topics
Financial Provision, Pensions, Property Division
Family Law Financial Provision Pensions Property Division

Case Brief

Summary, issues, holding and outcome

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Parties

Southern

Applicant

Southern

Respondent

Procedural Posture

Family Law Financial Provision / Judgment

Legal Issues

  1. 1 Whether the court should consider parties' pension entitlements in all cases involving financial provision
  2. 2 Whether pension entitlement may be treated as 'property' under Matrimonial Causes (Jersey) Law 1949, art. 30 when considering a lump sum payment

Ratio Decidendi

The court held that pension entitlements must be considered in all cases involving financial provision and may be treated as 'property' under Matrimonial Causes (Jersey) Law 1949, art. 30 when considering a lump sum payment.

Court Disposition

Guidance issued on treatment of pensions in financial provision cases.