G v G & Anor [2003] NIFam 19 (25 October 2003)

G v G & Anor [2003] NIFam 19 (25 October 2003)

The transfer of Amelia Street was intended to defeat the petitioner's claim and should be treated as a matrimonial asset; minority shareholding discounts apply to company shares; delay does not materially affect the petitioner's entitlement; assets should be divided to achieve a clean break and reduce further litigation.

Citation
[2003] NIFam 19
Parties
Petitioner: G; First Respondent: G; Second Respondent: J
Jurisdiction
Northern Ireland
Judgment Date
25 October 2003
Procedural Posture
Divorce and Ancillary Relief / Final Judgment
Outcome
Ancillary relief granted; assets divided; Amelia Street proceeds included as matrimonial asset; minority discounts applied to shareholdings; clean break ordered.
Legal Topics
Financial Provision, Property Adjustment, Disposition of Matrimonial Assets, Share Valuation, Delay in Ancillary Relief

Case Brief

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Parties

G

Petitioner

G

First Respondent

J

Second Respondent

Procedural Posture

Divorce and Ancillary Relief / Final Judgment

  1. 1 Whether the transfer of Amelia Street was intended to defeat the petitioner's claim for financial relief
  2. 2 How to value shareholdings in J & S Graham and Sons Limited for matrimonial asset division
  3. 3 Effect of delay in seeking ancillary relief

Ratio Decidendi

The transfer of Amelia Street was intended to defeat the petitioner's claim and should be treated as a matrimonial asset; minority shareholding discounts apply to company shares; delay does not materially affect the petitioner's entitlement; assets should be divided to achieve a clean break and reduce further litigation.

Court Disposition

Ancillary relief granted; assets divided; Amelia Street proceeds included as matrimonial asset; minority discounts applied to shareholdings; clean break ordered.

Orders

  • Amelia Street sale proceeds (£437,907) included in matrimonial assets
  • Petitioner awarded discounted value of company shares (£79,000)