W -v- X (Matrimonial) [2016] JRC 171A (28 September 2016)

W -v- X (Matrimonial) [2016] JRC 171A (28 September 2016)

The Court found that the respondent was unable to pay the £80,000 by the original date due to circumstances beyond her control, namely structural damage to the property and resulting delays in remedial works, which prevented her from raising funds. However, to ensure certainty and fairness to the petitioner, the Court fixed a new final date for payment of 7 March 2017, declined to allow open-ended extensions, and ordered limited costs in favour of the respondent for specific overnight disclosure.

Citation
[2016] JRC 171A
Parties
Petitioner: W; Respondent: X
Jurisdiction
Jersey
Judgment Date
28 September 2016
Procedural Posture
Matrimonial / Application to Vary Time for Payment Under Consent Order
Outcome
Application granted in part
Legal Topics
Variation of Consent Order, Matrimonial Finance, Enforcement of Financial Orders
Family Law Variation of Consent Order Matrimonial Finance Enforcement of Financial Orders

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Parties

W

Petitioner

X

Respondent

Procedural Posture

Matrimonial / Application to Vary Time for Payment Under Consent Order

Legal Issues

  1. 1 Whether the time for payment of £80,000 under a consent order should be varied due to the respondent's inability to pay by the original date

Ratio Decidendi

The Court found that the respondent was unable to pay the £80,000 by the original date due to circumstances beyond her control, namely structural damage to the property and resulting delays in remedial works, which prevented her from raising funds. However, to ensure certainty and fairness to the petitioner, the Court fixed a new final date for payment of 7 March 2017, declined to allow open-ended extensions, and ordered limited costs in favour of the respondent for specific overnight disclosure.

Court Disposition

Application granted in part

Orders

  • Date for payment of £80,000 plus interest by respondent to petitioner extended to 7 March 2017.
  • Undertaking given by respondent on 17 August 2016 to remain in place until payment in full, subject to variation or removal by consent.