M v M [2015] NIMaster 9 (11 September 2015)

M v M [2015] NIMaster 9 (11 September 2015)

This is a needs-based case. The wife's needs do not justify a Pension Sharing Order at this time, as she has significant working life left to make pension provision. The wife is entitled to 25% of any compensation the husband receives from his hearing loss claim, as this would contribute to her immediate needs. No order is made regarding the loan in the husband's name, as there are insufficient assets and no evidence the wife can pay. Conduct of the parties does not reach the threshold to affect the financial orders.

Citation
[2015] NIMaster 9
Parties
Petitioner: M (wife); Respondent: M (husband)
Jurisdiction
Northern Ireland
Judgment Date
11 September 2015
Procedural Posture
Ancillary Relief (family Law) / Judgment After Contested Hearing
Outcome
Application for ancillary relief determined; orders made as specified.
Legal Topics
Ancillary Relief, Pension Sharing Order, Needs Based Division, Clean Break, Financial Provision on Divorce
Family Law Ancillary Relief Pension Sharing Order Needs Based Division Clean Break Financial Provision on Divorce

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Parties

M (wife)

Petitioner

M (husband)

Respondent

Procedural Posture

Ancillary Relief (family Law) / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether a Pension Sharing Order should be made in respect of the husband's pension
  2. 2 Whether the wife should receive a share of the husband's hearing loss claim
  3. 3 Whether the wife should be ordered to make a lump sum payment in respect of a loan in the husband's name

Ratio Decidendi

This is a needs-based case. The wife's needs do not justify a Pension Sharing Order at this time, as she has significant working life left to make pension provision. The wife is entitled to 25% of any compensation the husband receives from his hearing loss claim, as this would contribute to her immediate needs. No order is made regarding the loan in the husband's name, as there are insufficient assets and no evidence the wife can pay. Conduct of the parties does not reach the threshold to affect the financial orders.

Court Disposition

Application for ancillary relief determined; orders made as specified.

Orders

  • No Pension Sharing Order is made in respect of the husband's pension.
  • The husband shall pay 25% of any monies received from his hearing loss claim to the wife.