Stevenson v Stevenson [2008] NIFam 8 (7 April 2008)

Stevenson v Stevenson [2008] NIFam 8 (7 April 2008)

The assets should be divided equally between the parties, except for the house in Helen's Bay, which should be split 55/45 in the respondent's favour, due to its post-separation development. The respondent's conduct in concealing and dissipating assets justifies bringing hidden assets fully into account. Spanish properties, though held jointly with the fifth party, are beneficially owned by the respondent and are to be treated as matrimonial assets. Agreements signed by the petitioner under pressure and without legal advice are not binding. The third party's involvement in concealing assets is established but the insurance proceeds are now her property, though available to the respondent.

Citation
[2008] NIFam 8
Parties
Petitioner: Susan Evelyn Stevenson; Respondent: Adrian Stevenson; Third Party: Lisa Stevenson; Fourth Party: Olivia Moore; Fifth Party: Robyn Brackenridge
Jurisdiction
Northern Ireland
Judgment Date
07 April 2008
Procedural Posture
Ancillary Relief and Property Adjustment Application / Judgment on Division of Assets and Directions for Final Order
Outcome
Interim judgment on division of assets; final order to be promulgated after further valuation evidence and draft orders submitted.
Legal Topics
Ancillary Relief, Property Adjustment, Division of Matrimonial Assets, Pension Adjustment, Life Insurance Proceeds, Concealment of Assets
Family Law Ancillary Relief Property Adjustment Division of Matrimonial Assets Pension Adjustment Life Insurance Proceeds Concealment of Assets

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Parties

Susan Evelyn Stevenson

Petitioner

Adrian Stevenson

Respondent

Lisa Stevenson

Third Party

Olivia Moore

Fourth Party

Robyn Brackenridge

Fifth Party

Procedural Posture

Ancillary Relief and Property Adjustment Application / Judgment on Division of Assets and Directions for Final Order

Legal Issues

  1. 1 Entitlement to ancillary relief and property adjustment following divorce
  2. 2 Division of matrimonial and non-matrimonial assets
  3. 3 Effect of concealment and dissipation of assets by respondent

Ratio Decidendi

The assets should be divided equally between the parties, except for the house in Helen's Bay, which should be split 55/45 in the respondent's favour, due to its post-separation development. The respondent's conduct in concealing and dissipating assets justifies bringing hidden assets fully into account. Spanish properties, though held jointly with the fifth party, are beneficially owned by the respondent and are to be treated as matrimonial assets. Agreements signed by the petitioner under pressure and without legal advice are not binding. The third party's involvement in concealing assets is established but the insurance proceeds are now her property, though available to the respondent.

Court Disposition

Interim judgment on division of assets; final order to be promulgated after further valuation evidence and draft orders submitted.

Orders

  • 50/50 split of assets except Helen's Bay house, which is split 55/45 in respondent's favour.
  • Parties to submit further valuation evidence within 14 days.