N v N [2009] NIFam 64 (12 February 2009)

N v N [2009] NIFam 64 (12 February 2009)

A pension sharing order of 65% to the wife and 35% to the husband is warranted based on the duration of the marriage, equal contributions, proven financial conduct of the husband, and his inheritance of a property. Inherited wealth is not excluded but considered as a relevant factor. A clean break is appropriate and desirable in this case.

Citation
[2009] NIFam 64
Parties
Petitioner: N; Respondent: N
Jurisdiction
Northern Ireland
Judgment Date
12 February 2009
Procedural Posture
Ancillary Relief Application / Final Hearing
Outcome
pension sharing order granted
Legal Topics
Ancillary Relief, Pension Sharing, Division of Matrimonial Assets, Clean Break, Conduct in Financial Proceedings
Family Law Ancillary Relief Pension Sharing Division of Matrimonial Assets Clean Break Conduct in Financial Proceedings

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Parties

N

Petitioner

N

Respondent

Procedural Posture

Ancillary Relief Application / Final Hearing

Legal Issues

  1. 1 Whether a pension sharing order should be made in favour of the wife
  2. 2 Whether inherited property should be considered in ancillary relief
  3. 3 Effect of financial conduct and hearsay evidence on ancillary relief

Ratio Decidendi

A pension sharing order of 65% to the wife and 35% to the husband is warranted based on the duration of the marriage, equal contributions, proven financial conduct of the husband, and his inheritance of a property. Inherited wealth is not excluded but considered as a relevant factor. A clean break is appropriate and desirable in this case.

Court Disposition

pension sharing order granted

Orders

  • Pension sharing order: 65% to wife, 35% to husband
  • Clean break between parties