D -v- N [2007] JRC 124 (27 June 2007)

D -v- N [2007] JRC 124 (27 June 2007)

The court has inherent jurisdiction to ensure its orders are not frustrated by incapacity, and may order the contract to be passed in the petitioner's stead when all parties agree and justice so requires.

Citation
[2007] JRC 124
Parties
Petitioner: Ms D; Respondent: Unnamed Husband
Jurisdiction
Jersey
Judgment Date
27 June 2007
Procedural Posture
Divorce/family Law / Post Decree Absolute, Enforcement of Settlement
Outcome
Application granted
Legal Topics
Divorce, Enforcement of Court Orders, Transfer of Property
Family Law Divorce Enforcement of Court Orders Transfer of Property

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Parties

Ms D

Petitioner

Unnamed Husband

Respondent

Procedural Posture

Divorce/family Law / Post Decree Absolute, Enforcement of Settlement

Legal Issues

  1. 1 Whether the court can order the execution of a property transfer contract when a party is incapacitated but not in default

Ratio Decidendi

The court has inherent jurisdiction to ensure its orders are not frustrated by incapacity, and may order the contract to be passed in the petitioner's stead when all parties agree and justice so requires.

Court Disposition

Application granted

Orders

  • The contract for transfer of the husband's share in the matrimonial home to the wife is to be passed despite the petitioner's incapacity.