T and T [2013] NIMaster 4 (08 February 2013)

T and T [2013] NIMaster 4 (08 February 2013)

The court found the wife's evidence credible and established a long-term cohabiting relationship moving into marriage. The division of assets should reflect both the marital and pre-marital cohabitation, with the marital home and attached land divided equally (50-50), and other assets divided 70% to the husband and 30% to the wife, considering the husband's conduct and likely liability for costs.

Citation
[2013] NIMaster 4
Parties
Petitioner: T; Respondent: T
Jurisdiction
Northern Ireland
Judgment Date
08 February 2013
Procedural Posture
Ancillary Relief Application (family Law, Financial Remedy) / Judgment After Contested Hearing, Adjourned for Final Orders
Outcome
Interim division of assets ordered; final orders adjourned for one month to allow parties to agree on costs and asset division.
Legal Topics
Ancillary Relief, Division of Matrimonial Assets, Pre Marital Cohabitation, Credibility of Parties, Costs
Family Law Ancillary Relief Division of Matrimonial Assets Pre Marital Cohabitation Credibility of Parties Costs

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Parties

T

Petitioner

T

Respondent

Procedural Posture

Ancillary Relief Application (family Law, Financial Remedy) / Judgment After Contested Hearing, Adjourned for Final Orders

Legal Issues

  1. 1 Effect of pre-marital cohabitation on division of matrimonial assets
  2. 2 Credibility of parties regarding length and nature of relationship
  3. 3 Proper division of assets given factual findings

Ratio Decidendi

The court found the wife's evidence credible and established a long-term cohabiting relationship moving into marriage. The division of assets should reflect both the marital and pre-marital cohabitation, with the marital home and attached land divided equally (50-50), and other assets divided 70% to the husband and 30% to the wife, considering the husband's conduct and likely liability for costs.

Court Disposition

Interim division of assets ordered; final orders adjourned for one month to allow parties to agree on costs and asset division.

Orders

  • Marital home and 60 acres to be divided 50-50 in value.
  • Other assets (including cash and Antrim property) to be divided 70% to husband, 30% to wife.