H v H [2008] NIMaster 57 (20 June 2008)

H v H [2008] NIMaster 57 (20 June 2008)

Withholding the Decree Absolute is not justified as the Respondent has no title to the premises, enforcement options remain available to the Petitioner and others, and no special circumstances exist to warrant refusal.

Citation
[2008] NIMaster 57
Parties
Petitioner: H; Respondent: H
Jurisdiction
Northern Ireland
Judgment Date
20 June 2008
Procedural Posture
Application for Decree Absolute in Matrimonial Proceedings / Post Ancillary Relief Settlement; Enforcement Stage
Outcome
Decree Absolute to issue forthwith
Legal Topics
Decree Absolute, Ancillary Relief, Enforcement of Matrimonial Agreements, Discretion to Withhold Decree Absolute
Family Law Bankruptcy Law Decree Absolute Ancillary Relief Enforcement of Matrimonial Agreements Discretion to Withhold Decree Absolute

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Parties

H

Petitioner

H

Respondent

Procedural Posture

Application for Decree Absolute in Matrimonial Proceedings / Post Ancillary Relief Settlement; Enforcement Stage

Legal Issues

  1. 1 Whether the court should withhold the issue of a Decree Absolute to allow enforcement of an ancillary relief agreement
  2. 2 Whether special circumstances exist to justify refusal of Decree Absolute

Ratio Decidendi

Withholding the Decree Absolute is not justified as the Respondent has no title to the premises, enforcement options remain available to the Petitioner and others, and no special circumstances exist to warrant refusal.

Court Disposition

Decree Absolute to issue forthwith

Orders

  • Order that the Decree Absolute issue forthwith