Butterfield v Butterfield

• Jurisdiction: Bermuda
• Judgment Date: 28 September 2009
• Date: 28 September 2009
• Docket Number: Divorce Jurisdiction 2008 No. 17
• Court: Supreme Court (Bermuda)

In The Supreme Court of Bermuda

Divorce Jurisdiction 2008 No. 17

BETWEEN:

CHARLES NATHANIEL ARTHUR BUTTERFIELD III

Petitioner

and

JEANE MARIE BUTTERFIELD

Respondent

Mrs G Marshall for the Petitioner

Mr P Harshaw for the Respondent

The following cases were referred to in the judgment:

L v L [2008] EWHC unreported

Morgan v Morgan [1976] SCR 476

TL v ML [2006] 1 FLR 1285

Abstract:

Ancillary relief - Lump sum - 15 year marriage, no children - Wife has remarried - Husband's inheritance prospects

JUDGMENT of WADE-MILLER, J

1. In these proceedings both parties filed application for ancillary relief. The husband filed his application on 3 September 2008 seeking the Court's determination of his financial liabilities towards his wife.

2. On 17 September 2008, the wife filed her application for Ancillary Relief seeking periodical payments; secure periodical payments; lump sum payments, secured lump sum payment and transfer of property. She re-married on the 3 January 2009 and her application is, therefore, now limited to a lump sum provision as she is no longer entitled to periodical payments for herself.

Background

3. The parties were married on the 27 November 1993 when the husband and the wife were, respectively, 30 and 26 years old. The wife is a United States citizen but now has Bermudian status by virtue of her marriage to the husband.

4. There are no children born within this union. The husband petitioned for divorce on 22 January 2008. The wife cross-petitioned for divorce on 27 February 2008. On 27 June 2008 the court pronounced Decree Nisi on the wife's cross-petition which was made Absolute on 12 August 2008.

5. It is clear that throughout the course of their marriage, except for one year when they rented an apartment in Fairylands, the parties have lived rent free in property owned by the husband's parents which has allowed them to enjoy a comfortable standard of living.

6. From 1993 to 2003 they lived at Edelweiss, a four thousand square foot house which was built in the early 20th century. In 2003, Edelweiss was damaged by hurricane Fabian and the parties moved to Westifa where they continued to live rent free until the divorce petition was presented relating to this matter. Edelweiss was renovated and rented for $15,000 monthly in 2008 but now rents for $8,000 per month. The properties were in the husband's father's family for a long time. The husband's father was gifted Edelweiss and Westifa by his father when he married the husband's mother. In cross-examination the husband said that he does not know how much his father spent on the renovation without which he could not get the level of rent he is receiving. The master bed-room did not have a bath room en-suite; the kitchen was old, and the electrics and plumbing were described as "dodgy".

7. The wife has asserted throughout that the husband is an only child and is likely to inherit three substantive properties sometime in the future.

8. The husband is an insurance agent and is employed by the family business- CNA Butterfield & Son Limited- of which he is a 10% shareholder. He earns $62,790 net annually. Additionally, he receives occasional bonus and dividends of about $1,200 per annum. He applies a small portion of his income towards a gift club savings which has about $1,734 in it. He is a 50% shareholder in a company, Clip Limited, which owns 80% of the Bermuda Book Store. The husband's ownership of the bookstore is therefore 40%. Currently, this bookstore is barely managing to stay afloat. It pays $450 per month to Clip Ltd, which is applied towards...