Freeman v Freeman [2007] NIMaster 49 (26 June 2007)

Freeman v Freeman [2007] NIMaster 49 (26 June 2007)

It would be inequitable to disregard the respondent’s disposal of the redundancy lump sum, and a fair division of assets, considering the Article 27 factors and the parties’ contributions, requires a lump sum of £50,000 to the petitioner (offsetting maintenance arrears) and a pension sharing order of 50% of the respondent’s pension.

Citation
[2007] NIMaster 49
Parties
Petitioner: Donna Freeman; Respondent: Terry Freeman
Jurisdiction
Northern Ireland
Judgment Date
26 June 2007
Procedural Posture
Ancillary Relief (family/matrimonial) / Final Determination by Master
Outcome
Petition allowed in part; orders made for lump sum and pension sharing.
Legal Topics
Ancillary Relief, Pension Sharing Order, Lump Sum Order, Maintenance Arrears, Division of Matrimonial Assets
Family Law Ancillary Relief Pension Sharing Order Lump Sum Order Maintenance Arrears Division of Matrimonial Assets

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Parties

Donna Freeman

Petitioner

Terry Freeman

Respondent

Procedural Posture

Ancillary Relief (family/matrimonial) / Final Determination by Master

Legal Issues

  1. 1 Appropriate division of matrimonial assets after long marriage
  2. 2 Whether respondent's financial conduct should affect division
  3. 3 Entitlement to pension sharing order and lump sum

Ratio Decidendi

It would be inequitable to disregard the respondent’s disposal of the redundancy lump sum, and a fair division of assets, considering the Article 27 factors and the parties’ contributions, requires a lump sum of £50,000 to the petitioner (offsetting maintenance arrears) and a pension sharing order of 50% of the respondent’s pension.

Court Disposition

Petition allowed in part; orders made for lump sum and pension sharing.

Orders

  • Respondent to pay lump sum of £50,000 to petitioner (offsetting maintenance arrears; maintenance order discharged)
  • Pension Sharing Order: 50% of respondent’s Northern Ireland Prison Service pension to petitioner; petitioner’s counsel to draft order and seek trustees’ agreement within six weeks