S v T (Matrimonial) [2017] JRC 190A (09 November 2017)

S v T (Matrimonial) [2017] JRC 190A (09 November 2017)

The court must achieve fairness in ancillary relief, giving first consideration to the welfare of the child. The only significant asset was the husband's pension, which should be discounted for pre-marriage accrual. The business and mobile home had no value. The wife is entitled to £430 per month child maintenance plus £90 per month towards arrears, and a lump sum of £30,000 in respect of pension sharing, payable by instalments. No nominal spousal maintenance is ordered; a clean break is appropriate.

Citation
[2017] JRC 190A
Parties
Petitioner: S; Respondent: T
Jurisdiction
Jersey
Judgment Date
09 November 2017
Procedural Posture
Matrimonial/ancillary Relief / Final Hearing and Judgment
Outcome
Ancillary relief granted as specified; clean break ordered; no nominal spousal maintenance.
Legal Topics
Ancillary Relief, Child Maintenance, Spousal Maintenance, Division of Assets, Pension Sharing, Clean Break, Debts and Liabilities
Family Law Ancillary Relief Child Maintenance Spousal Maintenance Division of Assets Pension Sharing Clean Break Debts and Liabilities

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Parties

S

Petitioner

T

Respondent

Procedural Posture

Matrimonial/ancillary Relief / Final Hearing and Judgment

Legal Issues

  1. 1 Appropriate level and duration of child maintenance
  2. 2 Whether to order a lump sum or instalments in respect of pension sharing
  3. 3 Valuation and division of marital assets and debts

Ratio Decidendi

The court must achieve fairness in ancillary relief, giving first consideration to the welfare of the child. The only significant asset was the husband's pension, which should be discounted for pre-marriage accrual. The business and mobile home had no value. The wife is entitled to £430 per month child maintenance plus £90 per month towards arrears, and a lump sum of £30,000 in respect of pension sharing, payable by instalments. No nominal spousal maintenance is ordered; a clean break is appropriate.

Court Disposition

Ancillary relief granted as specified; clean break ordered; no nominal spousal maintenance.

Orders

  • Husband to pay £430 per month child maintenance by standing order, index linked, until Child 1 is 18 or finishes full-time secondary education, with review if tertiary education is pursued.
  • Husband to pay £90 per month towards arrears of child maintenance until cleared.