In the matter of RR [2010] JRC 097B (25 May 2010)

In the matter of RR [2010] JRC 097B (25 May 2010)

The court has no discretion to stay the making of a decree absolute at the petitioner's application unless special circumstances are shown; in this case, the wife's concerns do not amount to special circumstances, and the statutory requirements for a stay are not met.

Citation
[2010] JRC 097B
Parties
Petitioner: husband; Respondent: wife
Jurisdiction
Jersey
Judgment Date
25 May 2010
Procedural Posture
Divorce / Application to Stay Decree Absolute Pending Ancillary Matters
Outcome
Application for stay refused
Legal Topics
Divorce, Decree Absolute, Ancillary Relief, Discretion to Stay Proceedings
Family Law Divorce Decree Absolute Ancillary Relief Discretion to Stay Proceedings

Case Brief

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Parties

husband

Petitioner

wife

Respondent

Procedural Posture

Divorce / Application to Stay Decree Absolute Pending Ancillary Matters

Legal Issues

  1. 1 Whether the court has discretion to stay the making of a decree absolute at the petitioner's application pending resolution of ancillary matters
  2. 2 Whether the respondent's financial concerns justify delaying the decree absolute

Ratio Decidendi

The court has no discretion to stay the making of a decree absolute at the petitioner's application unless special circumstances are shown; in this case, the wife's concerns do not amount to special circumstances, and the statutory requirements for a stay are not met.

Court Disposition

Application for stay refused

Orders

  • Husband to give undertaking to continue mortgage payments, insurance premiums, and college fees for the older child until ancillary matters are determined