M v M (Application for Interim Lump Sum) [2021] NIMaster 2 (04 February 2021)

M v M (Application for Interim Lump Sum) [2021] NIMaster 2 (04 February 2021)

The court lacks statutory or inherent jurisdiction to grant an interim lump sum for the purpose of purchasing property prior to final determination of ancillary relief; such relief is not permitted under the Matrimonial Causes (Northern Ireland) Order 1978 or by case law.

Citation
[2021] NIMaster 2
Parties
Petitioner: M; Respondent: M
Jurisdiction
Northern Ireland
Judgment Date
04 February 2021
Procedural Posture
Ancillary Relief Proceedings / Application for Interim Lump Sum Following Financial Dispute Resolution Hearing
Outcome
application refused
Legal Topics
Interim Lump Sum, Ancillary Relief, Matrimonial Assets, Court Powers
Family Law Interim Lump Sum Ancillary Relief Matrimonial Assets Court Powers

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Parties

M

Petitioner

M

Respondent

Procedural Posture

Ancillary Relief Proceedings / Application for Interim Lump Sum Following Financial Dispute Resolution Hearing

Legal Issues

  1. 1 Does the court have power to grant an interim lump sum for property purchase prior to final ancillary relief determination?
  2. 2 Can the court exercise inherent jurisdiction to grant such relief absent statutory authority?

Ratio Decidendi

The court lacks statutory or inherent jurisdiction to grant an interim lump sum for the purpose of purchasing property prior to final determination of ancillary relief; such relief is not permitted under the Matrimonial Causes (Northern Ireland) Order 1978 or by case law.

Court Disposition

application refused