H -v- J (Matrimonial) [2012] JRC 079B (18 April 2012)

H -v- J (Matrimonial) [2012] JRC 079B (18 April 2012)

The court determined that the only realisable asset of value was the livestock, and that forcing a sale or awarding a higher lump sum would unjustly cripple the husband's sole source of income. The wife is entitled to a lump sum of £40,000 (discounted from half the present value of the cows, less payments already made), payable within one year, with interim monthly payments of £950 counting towards this sum, and thereafter spousal maintenance of £300 per month. This achieves fairness while preserving the viability of the farming business.

Citation
[2012] JRC 079B
Parties
Applicant: Wife; Respondent: Husband
Jurisdiction
Jersey
Judgment Date
18 April 2012
Procedural Posture
Ancillary Relief (financial Provision on Divorce) / Final Judgment
Outcome
Lump sum of £40,000 awarded to wife, payable within one year (reduced by interim payments of £950/month); thereafter, spousal maintenance of £300/month.
Legal Topics
Ancillary Relief, Division of Assets, Spousal Maintenance, Valuation of Business Assets, Farming Business in Divorce
Family Law Ancillary Relief Division of Assets Spousal Maintenance Valuation of Business Assets Farming Business in Divorce

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Parties

Wife

Applicant

Husband

Respondent

Procedural Posture

Ancillary Relief (financial Provision on Divorce) / Final Judgment

Legal Issues

  1. 1 Appropriate capital sum to be awarded to wife on divorce based on value of dairy farming business
  2. 2 Appropriate level and duration of spousal maintenance
  3. 3 Valuation of farm company and livestock as matrimonial assets

Ratio Decidendi

The court determined that the only realisable asset of value was the livestock, and that forcing a sale or awarding a higher lump sum would unjustly cripple the husband's sole source of income. The wife is entitled to a lump sum of £40,000 (discounted from half the present value of the cows, less payments already made), payable within one year, with interim monthly payments of £950 counting towards this sum, and thereafter spousal maintenance of £300 per month. This achieves fairness while preserving the viability of the farming business.

Court Disposition

Lump sum of £40,000 awarded to wife, payable within one year (reduced by interim payments of £950/month); thereafter, spousal maintenance of £300/month.

Orders

  • Husband to pay wife £40,000 lump sum within one year, reduced by interim payments of £950 per month until paid.
  • Husband to pay wife spousal maintenance of £300 per month after lump sum is paid.