Astwood v Astwood

• Jurisdiction: Bermuda
• Judge: Zacca P,Ward JA,Auld JA
• Judgment Date: 08 November 2012
• Court: Court of Appeal (Bermuda)
• Docket Number: Civil Appeal 2011 No 15
• Date: 08 November 2012

[2012] Bda LR 70

In The Court of Appeal for Bermuda

Before:

Zacca P; Ward JA; Auld JA

Civil Appeal 2011 No 15

Between:

Tawauna Manick Astwood

Appellant

and

Jerome Christopher Astwood

Respondent

Ms K Lomas for the Appellant

Ms K Williams-Smith for the Respondent

The following cases were referred to in the judgment:

Tommey v TommeyELR [1983] Fam 15

White v WhiteELR [2001] 1 AC 596

Ancillary relief — Short marriage, 1 child — Lump sum — Transfer of interest in property

JUDGMENT of Ward JA

1. On 19 June 2012 we made an Order that the appeal be allowed in part, that the Petitioner be awarded a lump sum of $330,000, that the Petitioner be at liberty to apply to the Supreme Court for periodical payments for the child of the family for whom the Respondent pays at present the sum of $450 per month and to whom the Respondent has liberal access every other weekend.

2. We awarded one-half of the costs of the appeal to the Petitioner and made no change in the Order for costs in the Supreme Court.

3. We now give the reasons for our decision.

4. This is an appeal against the Judgment of Simmons J dated 14 October 2011 in which she awarded the Petitioner a lump of $250,000 payable within 90 days with no order as to costs.

5. By an Amended Petition dated 21 May 2010 the Petitioner prayed that she may be granted for the benefit of herself and the one child of the family periodical payment orders, lump sum provision and a transfer to the Petitioner of the Respondent's interest in the property situate at 8 Sunset Strip in Pembroke Parish or such other property adjustment order as the Court should deem just and reasonable.

6. The learned judge treated the application for the transfer of the above real estate as a bold and ambitious attempt by the petitioner to lay claim to property to which she was not entitled. Simmons J found as a fact that the lot of land on which the matrimonial home was later built was a gift to the Respondent alone from his father and grandfather prior to the marriage. Any belief which the Petitioner might have had that the lot of land might have been gifted to her and the Respondent jointly was not supported by the evidence.

7. The parties were married on 3 August 2002 when the Petitioner was 23 years old and the Respondent was 26 years old. There is one child of the family who was born on 28 June 2006. Decree Nisi was pronounced on 25 May 2007 and Decree Absolute on 17 July 2007. The marriage lasted for less than five...