McK v McK [2009] NIMaster 76 (17 November 2009)

McK v McK [2009] NIMaster 76 (17 November 2009)

The husband's deliberate and reckless conduct in allowing toxic waste dumping, which rendered the main matrimonial asset worthless, is conduct the court cannot disregard. The wife, having no involvement in or knowledge of the criminal conduct and having primary care of the children, is entitled to the uncontaminated assets. The ongoing confiscation proceedings do not oust the court's jurisdiction to make this order.

Citation
[2009] NIMaster 76
Parties
Petitioner: McK; Respondent: McK
Jurisdiction
Northern Ireland
Judgment Date
17 November 2009
Procedural Posture
Ancillary Relief (matrimonial Finance) / Judgment After Hearing
Outcome
Order for transfer of uncontaminated lands at Y to the wife and confirmation of her interest in the home at Z. No further payments ordered. No order for costs except legal aid taxation.
Legal Topics
Ancillary Relief, Asset Division, Proceeds of Crime, Conduct in Asset Division, Confiscation Orders
Family Law Criminal Law Ancillary Relief Asset Division Proceeds of Crime Conduct in Asset Division Confiscation Orders

Case Brief

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Parties

McK

Petitioner

McK

Respondent

Procedural Posture

Ancillary Relief (matrimonial Finance) / Judgment After Hearing

Legal Issues

  1. 1 Whether the wife's entitlement to matrimonial assets is affected by a confiscation order against the husband under the Proceeds of Crime Act 2002
  2. 2 Whether the husband's criminal conduct and resulting asset dissipation should affect the division of assets
  3. 3 Whether the matrimonial court's jurisdiction is ousted by ongoing asset recovery proceedings

Ratio Decidendi

The husband's deliberate and reckless conduct in allowing toxic waste dumping, which rendered the main matrimonial asset worthless, is conduct the court cannot disregard. The wife, having no involvement in or knowledge of the criminal conduct and having primary care of the children, is entitled to the uncontaminated assets. The ongoing confiscation proceedings do not oust the court's jurisdiction to make this order.

Court Disposition

Order for transfer of uncontaminated lands at Y to the wife and confirmation of her interest in the home at Z. No further payments ordered. No order for costs except legal aid taxation.

Orders

  • Transfer of lands at Y to the wife
  • Wife retains interest in home at Z