D v M [2000] JRC 5 (20 January 2000)

D v M [2000] JRC 5 (20 January 2000)

Due to husband's inadequate disclosure and complexity of his financial affairs, court draws adverse inferences and awards wife a substantial lump sum, transfer of husband's share in matrimonial home, and costs, balancing her needs and husband's inferred ability to pay.

Citation
[2000] JRC 5
Parties
Applicant: Wife; Respondent: Husband
Jurisdiction
Jersey
Judgment Date
20 January 2000
Procedural Posture
Divorce Financial Remedy / Final Judgment
Outcome
judgment for applicant
Legal Topics
Financial Disclosure, Maintenance, Division of Matrimonial Assets, Non Disclosure
Family Law Financial Disclosure Maintenance Division of Matrimonial Assets Non Disclosure

Case Brief

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Parties

Wife

Applicant

Husband

Respondent

Procedural Posture

Divorce Financial Remedy / Final Judgment

Legal Issues

  1. 1 adequacy of financial disclosure by husband
  2. 2 assessment of maintenance and lump sum
  3. 3 division of matrimonial home and contents

Ratio Decidendi

Due to husband's inadequate disclosure and complexity of his financial affairs, court draws adverse inferences and awards wife a substantial lump sum, transfer of husband's share in matrimonial home, and costs, balancing her needs and husband's inferred ability to pay.

Court Disposition

judgment for applicant

Orders

  • Husband to transfer his ½ share in former matrimonial home to wife.
  • Husband to pay wife lump sum of £179,000 for maintenance capitalisation.