D v D [2007] NIMaster 48 (6 June 2007)

D v D [2007] NIMaster 48 (6 June 2007)

Given the petitioner's greater contribution to the welfare of the family and maintenance of the home since separation, and the needs-driven nature of the case, a fair division of the equity is 73.95% to the petitioner and 26.04% to the respondent. The petitioner may buy out the respondent's interest for £20,000 within three months. If unable, a Mesher order will apply, postponing sale until the youngest child turns 18 or completes full-time education.

Citation
[2007] NIMaster 48
Parties
Petitioner: E D; Respondent: J D
Jurisdiction
Northern Ireland
Judgment Date
06 June 2007
Procedural Posture
Ancillary Relief (family Law) / Final Determination After Financial Dispute Resolution Hearing
Outcome
Petitioner may buy out respondent's interest in the matrimonial home for £20,000 within three months; if not, a Mesher order will apply.
Legal Topics
Ancillary Relief, Division of Matrimonial Assets, Mesher Order, Clean Break, Financial Provision
Family Law Ancillary Relief Division of Matrimonial Assets Mesher Order Clean Break Financial Provision

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Parties

E D

Petitioner

J D

Respondent

Procedural Posture

Ancillary Relief (family Law) / Final Determination After Financial Dispute Resolution Hearing

Legal Issues

  1. 1 Appropriate division of equity in the matrimonial home
  2. 2 Whether to order a clean break or a Mesher order
  3. 3 Consideration of Article 27 Matrimonial Causes Order (NI) 1978 factors

Ratio Decidendi

Given the petitioner's greater contribution to the welfare of the family and maintenance of the home since separation, and the needs-driven nature of the case, a fair division of the equity is 73.95% to the petitioner and 26.04% to the respondent. The petitioner may buy out the respondent's interest for £20,000 within three months. If unable, a Mesher order will apply, postponing sale until the youngest child turns 18 or completes full-time education.

Court Disposition

Petitioner may buy out respondent's interest in the matrimonial home for £20,000 within three months; if not, a Mesher order will apply.

Orders

  • Petitioner to pay respondent £20,000 within three months to acquire full interest in matrimonial home.
  • If petitioner cannot pay, Mesher order to postpone sale and division of proceeds until youngest child turns 18 or completes full-time education.