McG v McG [2008] NIMaster 58 (22 October 2008)

McG v McG [2008] NIMaster 58 (22 October 2008)

The matrimonial court retains jurisdiction to distribute assets even when subject to confiscation orders, but public policy and conduct considerations may justify significant departures from equality. Innocent spouse's benefit from government payments is to be accounted for, but business value and inheritance excluded from division due to circumstances and conduct.

Citation
[2008] NIMaster 58
Parties
Petitioner: McG; Respondent: McG
Jurisdiction
Northern Ireland
Judgment Date
22 October 2008
Procedural Posture
Ancillary Relief Proceedings (family Law) / Final Judgment
Outcome
Matrimonial home to be sold and proceeds divided equally, subject to Petitioner accounting to Respondent for 50% of government payments; Respondent awarded £10,000 interest in business premises; clean break; parties retain other assets in own names.
Legal Topics
Ancillary Relief, Confiscation Orders, Division of Matrimonial Assets, Proceeds of Crime, Inheritance, Conduct in Financial Matters
Family Law Criminal Law Ancillary Relief Confiscation Orders Division of Matrimonial Assets Proceeds of Crime Inheritance Conduct in Financial Matters

Case Brief

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Parties

McG

Petitioner

McG

Respondent

Procedural Posture

Ancillary Relief Proceedings (family Law) / Final Judgment

Legal Issues

  1. 1 Whether matrimonial assets subject to confiscation order can be distributed in ancillary relief proceedings
  2. 2 How proceeds of crime legislation affects division of assets
  3. 3 Treatment of inheritance and gifted jewellery in asset division

Ratio Decidendi

The matrimonial court retains jurisdiction to distribute assets even when subject to confiscation orders, but public policy and conduct considerations may justify significant departures from equality. Innocent spouse's benefit from government payments is to be accounted for, but business value and inheritance excluded from division due to circumstances and conduct.

Court Disposition

Matrimonial home to be sold and proceeds divided equally, subject to Petitioner accounting to Respondent for 50% of government payments; Respondent awarded £10,000 interest in business premises; clean break; parties retain other assets in own names.

Orders

  • Matrimonial home to be sold; proceeds divided 50/50 except Petitioner to return 50% of government payments to Respondent's share.
  • Respondent awarded £10,000 interest in business premises.