McM v McM [2005] NIMaster 23 (30 September 2005)

McM v McM [2005] NIMaster 23 (30 September 2005)

Given the medium length of the marriage, absence of children, and the fact that most assets were inherited by the Petitioner prior to the marriage, a departure from equality is justified. The Respondent is awarded £400,000, representing slightly more than 25% of the net matrimonial assets, to meet her reasonable needs while respecting the inherited nature of the majority of the estate.

Citation
[2005] NIMaster 23
Parties
Petitioner: McM; Respondent: McM
Jurisdiction
Northern Ireland
Judgment Date
30 September 2005
Procedural Posture
Ancillary Relief (financial Provision) / Judgment After Contested Hearing
Outcome
Petitioner to pay Respondent £400,000 in full and final settlement; Respondent to assign her interest in the jointly owned farm to Petitioner; both parties to retain their own assets; clean break ordered.
Legal Topics
Ancillary Relief, Division of Matrimonial Assets, Inherited Property, Clean Break, Financial Provision
Family Law Ancillary Relief Division of Matrimonial Assets Inherited Property Clean Break Financial Provision

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Parties

McM

Petitioner

McM

Respondent

Procedural Posture

Ancillary Relief (financial Provision) / Judgment After Contested Hearing

Legal Issues

  1. 1 How should inherited property be treated in the division of matrimonial assets?
  2. 2 What is the appropriate share for the respondent in a medium-length, childless, second marriage?
  3. 3 Should there be a departure from equality in asset division due to inheritance and length of marriage?

Ratio Decidendi

Given the medium length of the marriage, absence of children, and the fact that most assets were inherited by the Petitioner prior to the marriage, a departure from equality is justified. The Respondent is awarded £400,000, representing slightly more than 25% of the net matrimonial assets, to meet her reasonable needs while respecting the inherited nature of the majority of the estate.

Court Disposition

Petitioner to pay Respondent £400,000 in full and final settlement; Respondent to assign her interest in the jointly owned farm to Petitioner; both parties to retain their own assets; clean break ordered.

Orders

  • Petitioner to pay Respondent £400,000.
  • Respondent to assign her interest in Folio 5135 County Down (jointly owned farm) to Petitioner.