F v F [2007] NIFam M53 (10 December 2007)

F v F [2007] NIFam M53 (10 December 2007)

A 65/35 split of capital assets in favour of the Petitioner is justified due to her greater ongoing responsibilities for the children, particularly the disabled child, and her contributions to maintaining the endowment policies, with a pension sharing order to be made rather than offsetting pension value against cash assets.

Citation
[2007] NIFam M53
Parties
Petitioner: F; Respondent: F
Jurisdiction
Northern Ireland
Judgment Date
10 December 2007
Procedural Posture
Ancillary Relief (financial Provision on Divorce) / Final Judgment Before Drafting of Pension Sharing Annex and Final Order
Outcome
Capital assets to be split 65% to Petitioner and 35% to Respondent; pension sharing order to be drafted; specific asset transfers and payment ordered; matter adjourned for final order.
Legal Topics
Ancillary Relief, Financial Provision, Pension Sharing, Division of Matrimonial Assets, Disability of Child, Mesher Order
Family Law Ancillary Relief Financial Provision Pension Sharing Division of Matrimonial Assets Disability of Child Mesher Order

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Parties

F

Petitioner

F

Respondent

Procedural Posture

Ancillary Relief (financial Provision on Divorce) / Final Judgment Before Drafting of Pension Sharing Annex and Final Order

Legal Issues

  1. 1 Whether pension assets should be offset against cash assets or subject to a pension sharing order
  2. 2 How to divide the increase in value of the matrimonial home since separation
  3. 3 Impact of a disabled child on division of assets

Ratio Decidendi

A 65/35 split of capital assets in favour of the Petitioner is justified due to her greater ongoing responsibilities for the children, particularly the disabled child, and her contributions to maintaining the endowment policies, with a pension sharing order to be made rather than offsetting pension value against cash assets.

Court Disposition

Capital assets to be split 65% to Petitioner and 35% to Respondent; pension sharing order to be drafted; specific asset transfers and payment ordered; matter adjourned for final order.

Orders

  • Respondent to retain assets in his sole name (£39,438)
  • Petitioner to transfer her interest in two endowment policies (£19,507) and Scottish Equitable Bond (£14,153) to Respondent