U -v- V (Matrimonial) [2014] JRC 027A (28 January 2014)

U -v- V (Matrimonial) [2014] JRC 027A (28 January 2014)

The pre-marriage pension is excluded from the matrimonial pot; remaining pensions are included at full present value. The FMH must be sold, with 80% of net proceeds to the wife and 20% to the husband. Child maintenance is set at 20% of husband's net monthly salary plus 50% of specified incidental expenses, with annual increases per JRPI and review provisions. Husband pays 20% of any bonus for both children until the elder turns 16, then 15% for the younger. Liabilities are apportioned, with £3,500 deducted from sale proceeds for the Black Horse Loan. Clean break ordered except for maintenance and bonus obligations.

Citation
[2014] JRC 027A
Parties
Petitioner: U; Respondent: V
Jurisdiction
Jersey
Judgment Date
28 January 2014
Procedural Posture
Matrimonial Ancillary Relief / Final Hearing
Outcome
Ancillary relief granted; assets divided; maintenance ordered.
Legal Topics
Ancillary Relief, Child Maintenance, Division of Assets, Pensions, Clean Break, Needs Vs Sharing Principle
Family Law Ancillary Relief Child Maintenance Division of Assets Pensions Clean Break Needs Vs Sharing Principle

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Parties

U

Petitioner

V

Respondent

Procedural Posture

Matrimonial Ancillary Relief / Final Hearing

Legal Issues

  1. 1 Determination of child maintenance
  2. 2 Division of matrimonial assets including pensions
  3. 3 Treatment of pre-marriage and post-separation pension accruals

Ratio Decidendi

The pre-marriage pension is excluded from the matrimonial pot; remaining pensions are included at full present value. The FMH must be sold, with 80% of net proceeds to the wife and 20% to the husband. Child maintenance is set at 20% of husband's net monthly salary plus 50% of specified incidental expenses, with annual increases per JRPI and review provisions. Husband pays 20% of any bonus for both children until the elder turns 16, then 15% for the younger. Liabilities are apportioned, with £3,500 deducted from sale proceeds for the Black Horse Loan. Clean break ordered except for maintenance and bonus obligations.

Court Disposition

Ancillary relief granted; assets divided; maintenance ordered.

Orders

  • Former matrimonial home to be sold; wife receives 80% of net proceeds, husband 20%.
  • Husband to pay child maintenance at 20% of net monthly salary plus 50% of school clothes, shoes, and trips expenses.