P -v- F 20-Sep-2006 [2006] JRC 131 (20 September 2006)

P -v- F 20-Sep-2006 [2006] JRC 131 (20 September 2006)

The advantages enjoyed by the husband in occupying the former matrimonial home are balanced by his obligations to pay the mortgage, maintain the property, and care for the two younger children. The Registrar's order for equal division of the net proceeds is fair.

Citation
[2006] JRC 131
Parties
Appellant: the husband; Respondent: the wife
Jurisdiction
Jersey
Judgment Date
20 September 2006
Procedural Posture
Family Law Appeal / Appeal From Family Registrar's Decision on Ancillary Matters
Outcome
appeal dismissed
Legal Topics
Ancillary Relief, Mesher Order, Division of Matrimonial Property, Maintenance, Child Welfare
Family Law Ancillary Relief Mesher Order Division of Matrimonial Property Maintenance Child Welfare

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Parties

the husband

Appellant

the wife

Respondent

Procedural Posture

Family Law Appeal / Appeal From Family Registrar's Decision on Ancillary Matters

Legal Issues

  1. 1 Whether the equal division of the net proceeds of sale of the former matrimonial home is fair
  2. 2 Whether the Registrar gave due weight to the parties' respective contributions and obligations since separation

Ratio Decidendi

The advantages enjoyed by the husband in occupying the former matrimonial home are balanced by his obligations to pay the mortgage, maintain the property, and care for the two younger children. The Registrar's order for equal division of the net proceeds is fair.

Court Disposition

appeal dismissed

Orders

  • Registrar's order for equal division of net proceeds of sale of former matrimonial home upheld
  • Mesher Order to remain in place until youngest child completes education