S v L and C [2009] JRC 044A (11 March 2009)

S v L and C [2009] JRC 044A (11 March 2009)

The assets should be divided with the wife receiving 58% and the husband 42%, reflecting the wife's greater housing needs for the children and the husband's slightly greater access to liquid assets. The husband's business is valued at nil, and both parties are responsible for their own legal costs. Child maintenance is to be paid by the husband after the sale of the house according to UK Child Support Agency guidelines.

Citation
[2009] JRC 044A
Parties
Applicant: Wife; Respondent: Husband
Jurisdiction
Jersey
Judgment Date
11 March 2009
Procedural Posture
Divorce/ancillary Relief / Final Hearing
Outcome
assets divided; wife receives 58%, husband 42%; both responsible for own costs; husband to pay child maintenance after sale of house
Legal Topics
Ancillary Relief, Division of Matrimonial Assets, Child Maintenance, Valuation of Business Assets, Costs
Family Law Ancillary Relief Division of Matrimonial Assets Child Maintenance Valuation of Business Assets Costs

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Parties

Wife

Applicant

Husband

Respondent

Procedural Posture

Divorce/ancillary Relief / Final Hearing

Legal Issues

  1. 1 division of matrimonial assets
  2. 2 valuation of husband's business
  3. 3 housing needs of children

Ratio Decidendi

The assets should be divided with the wife receiving 58% and the husband 42%, reflecting the wife's greater housing needs for the children and the husband's slightly greater access to liquid assets. The husband's business is valued at nil, and both parties are responsible for their own legal costs. Child maintenance is to be paid by the husband after the sale of the house according to UK Child Support Agency guidelines.

Court Disposition

assets divided; wife receives 58%, husband 42%; both responsible for own costs; husband to pay child maintenance after sale of house

Orders

  • Sale of former matrimonial home; proceeds divided equally
  • Wife receives difference in pension value