T v T [2013] NIMaster 4 [2013] (8 February 2013)

T v T [2013] NIMaster 4 [2013] (8 February 2013)

The court found the wife's evidence credible and established that the parties had a long-term cohabiting relationship that should be considered in the division of assets. The marital home and attached land should be divided equally (50-50), while other assets acquired by the husband should be divided 70% to him and 30% to the wife, reflecting their respective contributions and the circumstances of the case.

Parties
Petitioner: T; Respondent: T
Jurisdiction
Northern Ireland
Judgment Date
08 February 2013
Procedural Posture
Ancillary Relief Application (family Law) / Judgment on Division of Assets, Adjourned for Agreement on Costs and Asset Division
Outcome
Adjourned for one month to allow parties to reach agreement on costs and division of assets, with directions for division if no agreement is reached.
Legal Topics
Ancillary Relief, Division of Matrimonial Assets, Pre Marital Cohabitation, Credibility of Parties, Effect of Cohabitation on Asset Division
Family Law Ancillary Relief Division of Matrimonial Assets Pre Marital Cohabitation Credibility of Parties Effect of Cohabitation on Asset Division

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

T

Petitioner

T

Respondent

Procedural Posture

Ancillary Relief Application (family Law) / Judgment on Division of Assets, Adjourned for Agreement on Costs and Asset Division

Legal Issues

  1. 1 What effect does pre-marital cohabitation have on the division of matrimonial assets?
  2. 2 What is the proper division of assets given the parties' respective contributions and credibility?
  3. 3 How should the court treat the credibility of the parties in determining asset division?

Ratio Decidendi

The court found the wife's evidence credible and established that the parties had a long-term cohabiting relationship that should be considered in the division of assets. The marital home and attached land should be divided equally (50-50), while other assets acquired by the husband should be divided 70% to him and 30% to the wife, reflecting their respective contributions and the circumstances of the case.

Court Disposition

Adjourned for one month to allow parties to reach agreement on costs and division of assets, with directions for division if no agreement is reached.

Orders

  • Marital home and 60 acres to be divided 50-50 in value between parties.
  • Other assets acquired by husband to be divided 70% to husband, 30% to wife, including cash assets and a property in Antrim.