J v J [2018] NIMaster 8 (5 September 2018)

The husband's conduct, including harassment and financial/litigation misconduct, met the statutory threshold and was proved on the balance of probabilities. The wife's health needs, generated by the relationship, justified a departure from equality. A 75%-25% split in favour of the wife and a pension sharing order were fair and necessary for a clean break.

Citation: [2018] NIMaster 8
Parties: Petitioner: J (the wife); Respondent: J (the husband)
Jurisdiction: Northern Ireland
Judgment Date: 05 September 2018
Procedural Posture: Ancillary Relief (family Law) / Final Judgment
Outcome: Matrimonial assets divided 75% to wife, 25% to husband; pension sharing order made; clean break ordered; no costs order in favour of wife.
Legal Topics: Ancillary Relief, Division of Matrimonial Assets, Pension Sharing, Conduct in Financial Proceedings

Family Law Ancillary Relief Division of Matrimonial Assets Pension Sharing Conduct in Financial Proceedings

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Full judgment text Downloadable case file Legal principles 5 Authorities cited 22 Party arguments 2 Amounts and remedies 10

Parties

J (the wife)

Petitioner

J (the husband)

Respondent

Procedural Posture

Ancillary Relief (family Law) / Final Judgment

Legal Issues

1 Division of matrimonial assets
2 Admissibility of evidence obtained by harassment
3 Impact of conduct on financial relief

Ratio Decidendi

Court Disposition

Matrimonial assets divided 75% to wife, 25% to husband; pension sharing order made; clean break ordered; no costs order in favour of wife.

Orders

Matrimonial home to be sold; net proceeds divided 75% to wife, 25% to husband.
Pension sharing order: wife to receive 58% of husband's Bombardier pension.