F v F [2007] NIMaster 53 (10 December 2007)

F v F [2007] NIMaster 53 (10 December 2007)

A 65%/35% split of capital assets in favour of the Petitioner is appropriate, taking into account the needs of the children (especially the disabled child), the Petitioner's contributions, and the principle that pension assets should be subject to a pension sharing order rather than offset against cash. The Respondent is to receive a capital sum reflecting his entitlement, with provision for a Mesher order if the Petitioner cannot raise the required funds.

Citation
[2007] NIMaster 53
Parties
Petitioner: F; Respondent: F
Jurisdiction
Northern Ireland
Judgment Date
10 December 2007
Procedural Posture
Ancillary Relief (financial Provision on Divorce) / Judgment After Contested Hearing
Outcome
Decree for ancillary relief granted with specified division of assets and pension sharing order to be finalised.
Legal Topics
Ancillary Relief, Pension Sharing, Division of Matrimonial Assets, Disability of Child, Mesher Order
Family Law Ancillary Relief 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) / Judgment After Contested Hearing

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 financial provision

Ratio Decidendi

A 65%/35% split of capital assets in favour of the Petitioner is appropriate, taking into account the needs of the children (especially the disabled child), the Petitioner's contributions, and the principle that pension assets should be subject to a pension sharing order rather than offset against cash. The Respondent is to receive a capital sum reflecting his entitlement, with provision for a Mesher order if the Petitioner cannot raise the required funds.

Court Disposition

Decree for ancillary relief granted with specified division of assets and pension sharing order to be finalised.

Orders

  • Petitioner to pay Respondent £60,000 after transfer of specified assets; upon payment, Respondent to transfer interest in matrimonial home to Petitioner.
  • Petitioner to retain Norwich Union ISA.