H v H [2008] JRC 097A (18 June 2008)

H v H [2008] JRC 097A (18 June 2008)

An interim lump sum of £10,000 is appropriate to cover the wife's debts and immediate living expenses, but Article 29(2) does not permit payment on account of a final lump sum; such claims must await a decree nisi and application under Article 29(1).

Citation
[2008] JRC 097A
Parties
Applicant: Wife; Respondent: Husband
Jurisdiction
Jersey
Judgment Date
18 June 2008
Procedural Posture
Matrimonial Financial Provision / Application for Interim Lump Sum
Outcome
interim lump sum granted in part
Legal Topics
Interim Lump Sum, Financial Provision on Divorce, Matrimonial Property
Family Law Interim Lump Sum Financial Provision on Divorce Matrimonial Property

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Parties

Wife

Applicant

Husband

Respondent

Procedural Posture

Matrimonial Financial Provision / Application for Interim Lump Sum

Legal Issues

  1. 1 Whether the applicant wife is entitled to an interim lump sum under Article 29(2)(a) of the Matrimonial Causes Jersey Law 1949
  2. 2 Whether the interim lump sum can include payment on account of a final lump sum

Ratio Decidendi

An interim lump sum of £10,000 is appropriate to cover the wife's debts and immediate living expenses, but Article 29(2) does not permit payment on account of a final lump sum; such claims must await a decree nisi and application under Article 29(1).

Court Disposition

interim lump sum granted in part

Orders

  • Husband to pay wife £10,000 as interim lump sum for debts and immediate living expenses
  • No interim payment on account of final lump sum; such claim deferred until decree nisi