L v L (Rev 1) [2018] NIMaster 14 (19 October 2018)

L v L (Rev 1) [2018] NIMaster 14 (19 October 2018)

The former matrimonial home should be transferred to the Petitioner, as this best serves the welfare of the children, particularly given B's autism and the children's established ties to their home, school, and community. The Respondent's business needs and family land interests are outweighed by the children's welfare and the Petitioner’s agreement to grant an easement to Respondent’s father.

Citation
[2018] NIMaster 14
Parties
Petitioner: L; Respondent: L
Jurisdiction
Northern Ireland
Judgment Date
19 October 2018
Procedural Posture
Ancillary Relief (financial Provision) Following Divorce / Final Judgment
Outcome
Former matrimonial home transferred to Petitioner; Respondent retains equity in other properties and business assets; clean break settlement; no order as to costs; extension of appeal time by 3 weeks.
Legal Topics
Ancillary Relief, Division of Matrimonial Assets, Welfare of Children, Clean Break Settlement
Family Law Ancillary Relief Division of Matrimonial Assets Welfare of Children Clean Break Settlement

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Parties

L

Petitioner

L

Respondent

Procedural Posture

Ancillary Relief (financial Provision) Following Divorce / Final Judgment

Legal Issues

  1. 1 Whether the former matrimonial home should be transferred to the Petitioner or Respondent
  2. 2 Appropriate division of assets in light of children's welfare

Ratio Decidendi

The former matrimonial home should be transferred to the Petitioner, as this best serves the welfare of the children, particularly given B's autism and the children's established ties to their home, school, and community. The Respondent's business needs and family land interests are outweighed by the children's welfare and the Petitioner’s agreement to grant an easement to Respondent’s father.

Court Disposition

Former matrimonial home transferred to Petitioner; Respondent retains equity in other properties and business assets; clean break settlement; no order as to costs; extension of appeal time by 3 weeks.

Orders

  • Petitioner to grant easement to Respondent’s father for access to fields through former matrimonial home gate.
  • Respondent has first option to buy the house at market value if sold, provided offer is not less than £180,000.