B v B (Ancillary Relief) [2019] NIMaster 2 (26 February 2019)

B v B (Ancillary Relief) [2019] NIMaster 2 (26 February 2019)

There was no good reason to depart from equality; neither party established that potential inheritance or personal injury damages were likely or foreseeable resources; the husband's health issues did not justify a greater share; a 50/50 split of the home proceeds and a 20% pension sharing order in favour of the wife were fair and met the parties' needs; a clean break was appropriate.

Citation
[2019] NIMaster 2
Parties
Petitioner: B (the wife); Respondent: B (the husband)
Jurisdiction
Northern Ireland
Judgment Date
26 February 2019
Procedural Posture
Ancillary Relief (financial Remedy) / Final Hearing Before Master
Outcome
Application granted in part; equal division of home proceeds and partial pension sharing order.
Legal Topics
Ancillary Relief, Division of Matrimonial Assets, Pension Sharing, Clean Break, Needs Based Assessment
Family Law Ancillary Relief Division of Matrimonial Assets Pension Sharing Clean Break Needs Based Assessment

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Parties

B (the wife)

Petitioner

B (the husband)

Respondent

Procedural Posture

Ancillary Relief (financial Remedy) / Final Hearing Before Master

Legal Issues

  1. 1 Appropriate division of matrimonial assets including proceeds of home and pensions
  2. 2 Whether potential future inheritance or personal injury damages should be included as resources
  3. 3 Impact of husband's health/disability on asset division

Ratio Decidendi

There was no good reason to depart from equality; neither party established that potential inheritance or personal injury damages were likely or foreseeable resources; the husband's health issues did not justify a greater share; a 50/50 split of the home proceeds and a 20% pension sharing order in favour of the wife were fair and met the parties' needs; a clean break was appropriate.

Court Disposition

Application granted in part; equal division of home proceeds and partial pension sharing order.

Orders

  • 50% of the net proceeds of the matrimonial home to each party
  • 20% pension sharing order in favour of the wife from the husband's pension