E v E [2004] NIMaster 35 (7 September 2004)

Inherited assets are not excluded but considered as a factor; after a long marriage, equal contributions are assumed; departure from equality justified by Respondent's care for the child and Petitioner's benefit from inherited wealth; division of assets must be fair and reasoned.

Citation: [2004] NIMaster 35
Parties: Petitioner: E; Respondent: E
Jurisdiction: Northern Ireland
Judgment Date: 07 September 2004
Procedural Posture: Divorce and Ancillary Relief / Final Judgment
Outcome: Ancillary relief granted with unequal division of assets.
Legal Topics: Ancillary Relief, Division of Assets, Inheritance, Pension Sharing, Child Maintenance

Family Law Ancillary Relief Division of Assets Inheritance Pension Sharing Child Maintenance

Case Brief

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Full judgment text Downloadable case file Legal principles 5 Authorities cited 8 Party arguments 2 Amounts and remedies 18

Parties

Petitioner

Respondent

Procedural Posture

Divorce and Ancillary Relief / Final Judgment

Legal Issues

1 Whether inherited assets should be excluded from matrimonial asset division
2 What is a fair division of assets after a long marriage
3 Appropriate pension sharing

Ratio Decidendi

Court Disposition

Ancillary relief granted with unequal division of assets.

Orders

Respondent to pay Petitioner £75,000 within 3 months; Petitioner to transfer interest in matrimonial home to Respondent.
Petitioner to assign interest in Prudential endowment policy and Direct Line policy for benefit of P to Respondent; Direct Line policy to remain for P's benefit.