H v W [2006] NIFam 15 (16 November 2006)

Given the short duration of the marriage, the source of assets, and the needs of W and the child, fairness requires a clean break settlement with substantial departure from equality regarding non-matrimonial property. Conduct alleged does not meet threshold for relevance. K is a child of the family and provision for her is included in the capital award to W.

Citation: [2006] NIFam 15
Parties: Petitioner: H; Respondent: W
Jurisdiction: Northern Ireland
Judgment Date: 16 November 2006
Procedural Posture: Ancillary Relief (financial Provision) in Divorce / Final Judgment
Outcome: Ancillary relief granted; clean break settlement ordered.
Legal Topics: Ancillary Relief, Financial Provision, Property Adjustment, Pension Sharing, Child of the Family, Clean Break, Short Marriage

Family Law Ancillary Relief Financial Provision Property Adjustment Pension Sharing Child of the Family Clean Break Short Marriage

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Full judgment text Downloadable case file Legal principles 5 Authorities cited 21 Party arguments 2 Amounts and remedies 8

Parties

Petitioner

Respondent

Procedural Posture

Ancillary Relief (financial Provision) in Divorce / Final Judgment

Legal Issues

1 Whether conduct of parties is relevant to ancillary relief
2 Whether K is a child of the family
3 Appropriate financial provision for W and child

Ratio Decidendi

Court Disposition

Ancillary relief granted; clean break settlement ordered.

Orders

Lump sum award of £329,000 to W
W to retain property at K (valued at £100,000)