Jersey Judgment

V v O [1989] JLR 118 (04 April 1989)

Family Law Financial Provision Variation of Order Affidavit of Means Procedural Compliance

Citation: [1989] JLR 118
Status: Judgment
Jurisdiction: Jersey
Posture: Family Law Financial Provision Variation / Application to Vary Financial Provision Order

More details

Posture: Family Law Financial Provision Variation / Application to Vary Financial Provision Order

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Professional case brief

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Source document

Holding and result

Compliance with r.52 is achieved if the affidavit of means is filed by the time of hearing, not necessarily at the time of application.

Court disposition

Application allowed

Orders

Affidavit of means may be filed by the time of hearing rather than at the time of application

Material facts

Parties

Applicant

Respondent

Procedural history

Posture

Family Law Financial Provision Variation / Application to Vary Financial Provision Order

Questions and positions

Legal issues

Whether an affidavit of means must be filed at the time of application to vary a financial provision order under Matrimonial Causes (General) (Jersey) Rules, 1979, r.52

Party arguments

Applicant: Affidavit of means need not be filed at the time of application; compliance is sufficient if filed by the time of hearing.
Respondent: Affidavit of means must be filed at the time of application to comply with procedural rules.

Court’s reasoning

Legal principles

01
Matrimonial Causes (General) (Jersey) Rules, 1979, r.52

Affidavit of means in support of an application to vary a financial provision order need not be filed at the time of application; it is sufficient if filed by the time of hearing.

Ratio, limits and disposition

Ratio decidendi

Compliance with r.52 is achieved if the affidavit of means is filed by the time of hearing, not necessarily at the time of application.

Court disposition

Application allowed

Affidavit of means may be filed by the time of hearing rather than at the time of application

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Judgment

[1989] JLR 118

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Matrimonial Causes (General) (Jersey) Rules, 1979, r.52

Legislation

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