19-Mar-19
START DATE
END DATE
9-Nov-22
S v S
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
Supreme Court of Bermuda
DIVORCE JURISDICTION
Hon. Alexandra Domingues
Mrs Georgia Marshall of Marshall Diel & Myers for the Petitioner
Mr Cameron Hill of Spencer West for the Respondent
FACTS OF THE CASE:
The Wife sought various forms of financial relief including maintenance for two children a variation of settlement for a trust (T Trust) and a property adjustment order for the former matrimonial home (FMH) which was transferred to a trust aiming to set aside this transfer under Section 41 Application. The Husband countered aiming to protect the FMH for the children by placing it into a trust arguing it wasn't a matrimonial asset for division. The court found the transfer was intended to defeat the Wife's ancillary relief claims and granted the application under Section 41 ordering the transfer set aside and costs on an indemnity basis to be borne by the Husband
SUMMARY:
InFavourOf Plaintiff/Claimant
OUTCOMES:
RULED IN FAVOUR OF:
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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S v S
The Wife sought various forms of financial relief including maintenance for two children a variation of settlement for a trust (T Trust) and a property adjustment order for the former matrimonial home (FMH) which was transferred to a trust aiming to set aside this transfer under Section 41 Application. The Husband countered aiming to protect the FMH for the children by placing it into a trust arguing it wasn't a matrimonial asset for division. The court found the transfer was intended to defeat the Wife's ancillary relief claims and granted the application under Section 41 ordering the transfer set aside and costs on an indemnity basis to be borne by the Husband