PS v C and M [2003] JRC 116 (09 July 2003)

PS v C and M [2003] JRC 116 (09 July 2003)

Fairness requires equal division of assets, with adjustments for income disparity and recognition of homemaker contributions. The wife's award exceeds 50% due to conservative business valuation and her lack of earning capacity. Clean break is achieved with a cash adjustment payable within five years.

Citation
[2003] JRC 116
Parties
Petitioner: the wife; Respondent: the husband
Jurisdiction
Jersey
Judgment Date
09 July 2003
Procedural Posture
Matrimonial Division and Ancillary Relief / Final Judgment
Outcome
assets divided; ancillary relief awarded; maintenance ordered
Legal Topics
Division of Matrimonial Assets, Ancillary Relief, Clean Break, Maintenance, Valuation of Business Interests
Family Law Division of Matrimonial Assets Ancillary Relief Clean Break Maintenance Valuation of Business Interests

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Parties

the wife

Petitioner

the husband

Respondent

Procedural Posture

Matrimonial Division and Ancillary Relief / Final Judgment

Legal Issues

  1. 1 fair division of matrimonial assets
  2. 2 valuation of business interests
  3. 3 clean break principle

Ratio Decidendi

Fairness requires equal division of assets, with adjustments for income disparity and recognition of homemaker contributions. The wife's award exceeds 50% due to conservative business valuation and her lack of earning capacity. Clean break is achieved with a cash adjustment payable within five years.

Court Disposition

assets divided; ancillary relief awarded; maintenance ordered

Orders

  • Wife awarded assets totaling £4,855,921 (approx. 56% of joint assets), including property, vehicles, jewellery, W H Limited, insurance policies, and a cash adjustment of £2,200,000 payable within five years with 6% interest on outstanding balance.
  • Husband to pay £37,000 per annum for maintenance of minor child J until she ceases full-time education.