M v G [2003] JRC 047A (10 March 2003)

M v G [2003] JRC 047A (10 March 2003)

The husband is ordered to answer the second questionnaire because he enjoys the benefit of trust property, much of the requested information is within his knowledge or control, and the refusal to disclose would be unconscionable. The order is necessary to clarify the financial position and ensure fairness in ancillary relief proceedings.

Citation
[2003] JRC 047A
Parties
Respondent: Wife; Petitioner: Husband
Jurisdiction
Jersey
Judgment Date
10 March 2003
Procedural Posture
Family Law Ancillary Relief / Directions Hearing Post Decree Absolute
Outcome
Order granted
Legal Topics
Ancillary Relief, Disclosure of Financial Information, Trusts in Divorce Proceedings, Maintenance, Property Transfer
Family Law Ancillary Relief Disclosure of Financial Information Trusts in Divorce Proceedings Maintenance Property Transfer

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Parties

Wife

Respondent

Husband

Petitioner

Procedural Posture

Family Law Ancillary Relief / Directions Hearing Post Decree Absolute

Legal Issues

  1. 1 Whether the husband should be ordered to answer a second questionnaire regarding financial disclosure
  2. 2 Whether the Chavic Trust is being used to avoid financial responsibility to the ex-wife
  3. 3 Extent of the husband's beneficial interest in trust property

Ratio Decidendi

The husband is ordered to answer the second questionnaire because he enjoys the benefit of trust property, much of the requested information is within his knowledge or control, and the refusal to disclose would be unconscionable. The order is necessary to clarify the financial position and ensure fairness in ancillary relief proceedings.

Court Disposition

Order granted

Orders

  • The husband shall answer the questionnaire by close of business on 31st March, 2003.
  • Non-compliance may result in proceedings against the trustees of the Chavic Trust.