Cecil Austin Woodley v Sarah Elizabeth Woodley

• Jurisdiction: Bermuda
• Judgment Date: 29 September 1994
• Docket Number: Divorce Jurisdiction 1993: No. 80
• Date: 29 September 1994
• Court: Supreme Court (Bermuda)

In the Supreme Court of Bermuda

Ward, CJ

Divorce Jurisdiction 1993: No. 80

BETWEEN:

Cecil Austin Woodley

Petitioner

and

Sarah Elizabeth Woodley

Respondent

Ms Keren Lomas for the Petitioner

Mr John Cooper for the Respondent

JUDGMENT

The parties were married on 18th October 1956. They separated in 1987 at which time the wife obtained an injunction prohibiting the husband from partitioning the upstairs apartment of the building in which they resided since 1969 in such a way as to create separate living quarters for himself. Since then he stays in the master bedroom and the wife resides in the rest of the apartment and has exclusive use of the living and dining room and the kitchen. In 1988 the mortgage on the property was paid.

Decree Nisi was pronounced on 14th May 1993 and the wife has applied under section 14(2) of the Matrimonial Causes Act 1974 for consideration of her financial position after the divorce.

The matrimonial home was the upper apartment of a three-apartment building situated at 60 Spice Hill, Warwick Parish. The property is situated in a low density residential subdivision near Warwick Long Bay. The land area is 0.68 of an acre and the property enjoys views of the South Shore. The upper apartment contains approximately 2,140 square feet of living space with a garage measuring about 244 square feet and a covered porch measuring 146 square feet. In this apartment reside the respondent-wife with her daughter. Judith. They occupy all of it save for one room which is occupied by the petitioner-husband. This property is the principal asset of the parties.

It is evident that the wife is very comfortable living there and she does not wish to have to move. She has resided there for 25 years and if she were required to move with the monies which she is likely to receive from her husband, she would not be able to purchase another property providing her with as much space as she now enjoys. What she may or may not be able to do in conjunction with her daughter, a public servant, who resides with her, has not been considered. But the monies would be sufficient to provide her with a place suitable for her needs.

There is evidence and it is a matter of common knowledge that cottages, condominiums and apartments suitable for housing one or two persons can be obtained in the price range of $225,000 to $335.000. And income producing property with a one-bedroom or studio apartment is likely to cost up to $375,000.

The husband...