[2010]JRC026A
royal court
(Family Division)
10th February 2010
Before : |
V. J. Obbard, Registrar, sitting alone. |
Between |
A |
Petitioner |
And |
B |
Respondent |
IN THE MATTER OF O
Reasons for referral to Inferior Number.
Advocate M. E. Whittaker for the Petitioner.
Advocate D. Gilbert for the Respondent.
judgment
the registrar:
1. In preparation for a directions hearing fixed to take place on 9th February, 2010, I read the petitioner's affidavit of evidence sworn on 5th February, 2010.
2. The affidavit sets out the wife's evidence of the pressure she alleges she was subjected to leading up to the signing of an agreement dealing with ancillary matters.
3. Indeed, dates had been fixed (22nd - 23rd February, 2010,) for me to decide:-
(i) whether or not there was duress at the time of the signature of the separation agreement;
(ii) whether there are any issues of material non-disclosure on the part of either party at the time of signing it; and
(iii) whether or not the Court considers in all the circumstances that the separation agreement should bar any further application for and on behalf of the petitioner.
4. It had been decided on 7th December, 2009, that the resolution of ancillary matters should take place in two halves. First, on 22nd - 23rd February, I would decide whether or not the agreement could be or should be set aside.
5. Secondly, on 17th - 19th May, 2010, I was to decide what the correct order should be.
6. I am now persuaded that the first of these two stages is sufficiently complex to refer to the senior Court.
7. The affidavit to which I have referred alleges that the husband was consistently abusive to the wife over a long period to the extent that she and her children were constantly in fear of him.
8. To date, the only affidavit I have from the husband is comparatively brief and alleges that the wife was "the driving force" behind the agreement. Any pressure is denied.
9. I have no doubt that the wife intends to pursue her argument in order to convince the Court that, as a matter of law, the agreement should be set aside.
10. The factual issues are complex, not only the level of proof required, but such matters as the relevance of the husband's medical problems.
11. The legal issues are complex in that only on extremely rare occasions has the Court in the UK or Jersey set aside a separation agreement.
12. I would regard it as highly probable that the losing party, if the matter were to proceed before me would appeal. Although this is not a "big money" case, the husband is a successful property speculator in Jersey, and in the interest of finality, it would be better if the preliminary issues surrounding the validity, or otherwise, of the agreement, are decided by the Inferior Number.
13. Once this contentious matter is decided, there is no reason why the matter should not be remitted back to me to determine how assets should, or should not, be further distributed. The dates of 17th - 19th May, 2010, remain in my Court diary for this purpose.
No Authorities