In the matter of L (Matrimonial) [2014] JRC 168 (11 September 2014)

In the matter of L (Matrimonial) [2014] JRC 168 (11 September 2014)

Exceptional circumstances exist in this case, justifying partial relaxation of the asset-freezing undertaking to permit the husband to pay £50,000 towards legal fees, but not for tax arrears or loan repayment at this stage; full scrutiny of financial affairs and asset disclosure will occur at the resumed hearing.

Citation
[2014] JRC 168
Parties
Husband/applicant: B; Respondent: wife; Third Party Lender: Mrs S
Jurisdiction
Jersey
Judgment Date
11 September 2014
Procedural Posture
Matrimonial/ancillary Relief / Interlocutory Application for Variation of Asset Freezing Undertaking
Outcome
Application granted in part; undertaking varied to permit payment of £50,000 towards legal fees only.
Legal Topics
Variation of Asset Freezing Undertakings, Payment of Legal Fees From Frozen Assets, Disclosure of Assets, Ancillary Relief, Maintenance, Tax Liabilities
Family Law Trusts and Equity Variation of Asset Freezing Undertakings Payment of Legal Fees From Frozen Assets Disclosure of Assets Ancillary Relief Maintenance Tax Liabilities

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2 Amounts and remedies 13
Sign in to unlock

Parties

B

Husband/applicant

wife

Respondent

Mrs S

Third Party Lender

Procedural Posture

Matrimonial/ancillary Relief / Interlocutory Application for Variation of Asset Freezing Undertaking

Legal Issues

  1. 1 Should the husband's undertaking not to dispose of assets be varied to permit payment of tax arrears, repayment of a loan, and discharge of legal fees?
  2. 2 Are there exceptional circumstances justifying release of funds from frozen assets for legal fees?
  3. 3 Has the husband sufficiently disclosed his assets and financial position?

Ratio Decidendi

Exceptional circumstances exist in this case, justifying partial relaxation of the asset-freezing undertaking to permit the husband to pay £50,000 towards legal fees, but not for tax arrears or loan repayment at this stage; full scrutiny of financial affairs and asset disclosure will occur at the resumed hearing.

Court Disposition

Application granted in part; undertaking varied to permit payment of £50,000 towards legal fees only.

Orders

  • Husband permitted to deal with assets to pay Carey Olsen £50,000 for legal fees.
  • Costs reserved.