J v M [2002] JRC 102 (22 May 2002)

J v M [2002] JRC 102 (22 May 2002)

The X Trust is not a post-nuptial settlement within Article 27 of the Matrimonial Causes (Jersey) Law 1949; the court has no power to vary its trusts. However, the trust assets are relevant financial resources for the purpose of assessing financial provision. The wife's reasonable requirements are to be met by a clean break order, including transfer of property, lump sum payment, and shares, reflecting fairness and the welfare of the children.

Citation
[2002] JRC 102
Parties
Petitioner: the wife; Respondent: the husband; Trustee: Mr. Coutanche
Jurisdiction
Jersey
Judgment Date
22 May 2002
Procedural Posture
Divorce Financial Provision / Final Judgment
Outcome
Financial provision awarded to wife; clean break order granted.
Legal Topics
Variation of Post Nuptial Settlements, Financial Provision on Divorce, Discretionary Trusts, Clean Break Orders
Family Law Trusts Law Variation of Post Nuptial Settlements Financial Provision on Divorce Discretionary Trusts Clean Break Orders

Case Brief

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Parties

the wife

Petitioner

the husband

Respondent

Mr. Coutanche

Trustee

Procedural Posture

Divorce Financial Provision / Final Judgment

Legal Issues

  1. 1 Whether the X Trust is a post-nuptial settlement under Article 27 of the Matrimonial Causes (Jersey) Law 1949
  2. 2 Whether the court has power to vary the X Trust
  3. 3 Appropriate financial provision for the wife

Ratio Decidendi

The X Trust is not a post-nuptial settlement within Article 27 of the Matrimonial Causes (Jersey) Law 1949; the court has no power to vary its trusts. However, the trust assets are relevant financial resources for the purpose of assessing financial provision. The wife's reasonable requirements are to be met by a clean break order, including transfer of property, lump sum payment, and shares, reflecting fairness and the welfare of the children.

Court Disposition

Financial provision awarded to wife; clean break order granted.

Orders

  • Husband to procure transfer of the property (former matrimonial home) to wife.
  • Husband to pay lump sum of £1,800,000 to wife.