Pointe nee Delpech v Pointe ((Divorce Side No. 81 of 2010)) [2011] SCSC 85 (22 August 2011)

Pointe nee Delpech v Pointe ((Divorce Side No. 81 of 2010)) [2011] SCSC 85 (22 August 2011)

The petitioner is entitled to a 2/3 share of the matrimonial house and property due to loss of benefit and escalating costs, and a 1/2 share of the value and profits of the joint business from the date of filing to the date of payment.

Citation
[2011] SCSC 85
Parties
Petitioner: Marie Claudia Pointe nee Delpech; Respondent: Terrence Fred Pointe
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
22 August 2011
Case Number
(Divorce Side No. 81 of 2010)
Procedural Posture
Matrimonial Property and Financial Adjustment Application / Judgment After Hearing
Outcome
Petition allowed in part; property and business shares awarded as specified.
Legal Topics
Matrimonial Property Division, Business Asset Division, Financial Adjustment on Divorce
Source Language
English
Family Law Matrimonial Property Division Business Asset Division Financial Adjustment on Divorce

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Parties

Marie Claudia Pointe nee Delpech

Petitioner

Terrence Fred Pointe

Respondent

Procedural Posture

Matrimonial Property and Financial Adjustment Application / Judgment After Hearing

Legal Issues

  1. 1 Entitlement to share in matrimonial house and property
  2. 2 Entitlement to share in joint business assets and profits

Ratio Decidendi

The petitioner is entitled to a 2/3 share of the matrimonial house and property due to loss of benefit and escalating costs, and a 1/2 share of the value and profits of the joint business from the date of filing to the date of payment.

Court Disposition

Petition allowed in part; property and business shares awarded as specified.

Orders

  • Petitioner awarded 2/3 share of matrimonial house and property based on current market value.
  • Respondent may retain premises as sole owner if he pays petitioner her 2/3 share.