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

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

Given the duration of the marriage, equal contributions, the husband's financial conduct, and his inheritance of a property, a pension sharing order of 65% to the wife and 35% to the husband is warranted, with a clean break between the parties being appropriate and desirable.

Citation
[2009] NIMaster 64
Parties
Petitioner: N (the wife); Respondent: N (the husband)
Jurisdiction
Northern Ireland
Judgment Date
12 February 2009
Procedural Posture
Ancillary Relief (family Law) / Final Hearing Before Master Bell, Following Non Attendance and Non Engagement by Respondent
Outcome
Pension sharing order granted: 65% to the wife, 35% to the husband; clean break ordered.
Legal Topics
Ancillary Relief, Pension Sharing Order, Division of Assets, Clean Break, Hearsay Evidence, Inherited Property
Family Law Ancillary Relief Pension Sharing Order Division of Assets Clean Break Hearsay Evidence Inherited Property

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Parties

N (the wife)

Petitioner

N (the husband)

Respondent

Procedural Posture

Ancillary Relief (family Law) / Final Hearing Before Master Bell, Following Non Attendance and Non Engagement by Respondent

Legal Issues

  1. 1 Whether a pension sharing order should be made in favour of the wife and in what proportion
  2. 2 Whether the husband's inherited property should be considered in the division of assets
  3. 3 Whether the husband's financial conduct and non-engagement should affect the outcome

Ratio Decidendi

Given the duration of the marriage, equal contributions, the husband's financial conduct, and his inheritance of a property, a pension sharing order of 65% to the wife and 35% to the husband is warranted, with a clean break between the parties being appropriate and desirable.

Court Disposition

Pension sharing order granted: 65% to the wife, 35% to the husband; clean break ordered.

Orders

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