2014 Supreme(NIR)(NIMaster) 46
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Neutral Citation No. [2014] NIMaster 13 Ref: 2014NIMaster13
Judgment: approved by the Court for handing down Delivered: 23/09/2014
(subject to editorial corrections)
IN THE HIGH COURT OF JUSTICE OF NORTHERN IRELAND
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FAMILY DIVISION
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BETWEEN:
B
Petitioner;
and
C
Respondent.
(Consequential Directions to a Consent Order)
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Master Bell
Introduction
[1] On 10 January 2011 the petitioner (to whom I shall refer, for ease of
reference, as “the husband”) and the respondent (to whom I shall refer, for
ease of reference, as “the wife”) entered into a written agreement regarding
their ancillary relief proceedings. On 11 January 2011 the parties invited me to
grant a Consent Order, making that agreement a Rule of Court, and I did so.
In this application the wife, pursuant to a summons dated 2 May 2014, now
seeks :
(i) An order endorsed with a penal notice compelling the husband
to comply in full with the terms of the Consent Order;
(ii) An order compelling the husband to give full disclosure of his
assets and income since the making of the Consent Order;
(iii) Any further order that the court deems fit; and
(iv) Costs.
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[2] The conflict between the parties centres around the issue of the
husband’s pension. The husband has a pension which is paid by
Schlumberger in US dollars from an account in Dubai.
[3] Paragraph 5 of the Consent Order reads as follows :
“The Petitioner husband shall make periodical
payments by telegraphic transfer in pounds sterling
from Bradford and Bingley to the Respondent wife to
her Ulster bank account number XXXXXXXX for life in
the sum of 50% of his pension payable to him by
Schlumberger, first payment to be 15th January 2011
and the first day of each quarter thereafter because his
pension is paid to him every three months. The
payment must be made by 15th of each specified month.
The petitioner husband shall meet the costs of the
telegraphic transfer. For the purposes of clarity, the
Respondent shall be responsible for payment of her
own rent from that date and the monthly payment she
has been receiving of one thousand six hundred and
fifty pounds shall cease forthwith as it has been
replaced by the terms of this clause. The Petitioner
husband shall provide documentary proof of his
quarterly pension to the Respondent wife twice
annually.”
[4] The wife’s grounding affidavit states that the husband’s solicitors
wrote to her on 13 November 2013 explaining that from September 2012 the
husband was resident in the Isle of Man and as a result was liable to pay tax
there on his income. They wrote :
“In consequence of this our client will have to reduce the
amount of maintenance payable to you but will always ensure
that he continues to comply with his obligations to pay you
50% of his income.”
On 20 December 2013 the husband’s solicitors wrote to the wife stating :
“Clearly the terms of the Consent Order were that [the
husband] was to pay you 50% of his pension income received
net of tax. Our client further instructs us that the exact amount
of tax is not known to him at the present time but he has
deducted the sum of £600 from your quarterly pension
payment on the basis of an estimate. The final figure will not
be known until after October 2014. Our client has previously
sent you a reconciliation in January 2013, he informs us, and
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proposes from now on to make those appropriate
reconciliations at the end of each year.”
[5] However the husband has not always held this view about what he
was obliged to pay the wife under the Consent Order. In a letter dated 5 April
2013 the husband wrote to the Income Tax Division of the Isle of Man
Treasury :
“All aspects of the order are unequivocally clear The order
does state that ‘The petitioner husband shall make periodical
payments by telegraphic transfer in pounds sterling from Bradford
and Bingley to the