David Austin Wilson v Heather Lovette

• Jurisdiction: Bermuda
• Judgment Date: 14 August 1997
• Date: 14 August 1997
• Docket Number: Divorce Jurisdiction 1993 No. 260
• Court: Supreme Court (Bermuda)

In the Supreme Court of Bermuda

Meerabux, J.

Divorce Jurisdiction 1993 No. 260

BETWEEN

David Austin Wilson

Petitioner

and

Heather Lovette Wilson

Respondent

Mrs. G. Marshall for the Petitioner

Mrs. A. Frith-Cartwright DeCouto for the Respondent

JUDGMENT

Meerabux J.

PRELIMINARY

There are two applications before the Court for ancillary relief. There is an application by the Petitioner dated 19 October 1994 for a lump sum provision.

There is also an application by the Respondent dated 10 February 1995 for such payments to herself and the child of the family by way of maintenance, periodical payments, secured provision, lump sum or otherwise by way of property adjustment order.

At the hearing both parties indicated to the Court that what was sought was a ‘clean break’ and they agreed that the only issue for determination by the Court was the amount of lump sum provision for the Petitioner.

FACTUAL BACKGROUND

From the evidence I find the following facts. The Petitioner and the Respondent were married to each other in Bermuda on 19 August 1978 when the Petitioner was aged 25 years and the Respondent was aged 23 years. The parties separated on 21 February 1993. On 19 August 1994 the Petitioner was granted a decree nisi of divorce which was made absolute on 14 October 1994. The marriage lasted 16 years. There is one child of the family, Paul Wilson, who is aged about 13 1/2 years.

When they were married in August 1978 the Petitioner was already employed as a teacher. The Respondent commenced employment as a teacher in September 1978. At that point of time the Petitioner was earning more than the Respondent. However, in September 1983 the Respondent on becoming head of the Social Science Department gained a scaled post, scale 3 whilst the Petitioner was at scale 1.

In September 1984 the Petitioner became Coordinator of Curricular Activities, a scaled post, with increased salary which post he held until 1986. During the period 1978 to 1986 the parties lived in rented accommodation, earned about the same salary, pooled their incomes in a joint account at the Bank of Bermuda, pooled their savings and used the money from the common pool. Some decisions they made together. Up to August 1986 the Petitioner contributed equally with the Respondent towards the family expenses. In 1986 the joint savings amounted to $30,000.00.

Before 1986 the Petitioner commenced reading law in Bermuda by correspondence and was supported by the Respondent in his decision to read law full-time in England. In June 1986 the Petitioner quit teaching and left Bermuda to read law at the Polytechnic of North London. He used $18,000.00 from the joint account for his expenses in London and received a bursary of $2,500.00. His fees were approximately £3,000.00 a year and in respect of the year for Bar studies approximately £4,000.00. Out of the $12,000.00 that was left $9,000.00 was used to discharge a debt on the property of the Petitioner's mother.

While the Petitioner was in England the Respondent with their son lived at her parent's home and his mother assisted them. The Respondent continued working until September 1987 and paid expenses and saved. Whenever the Petitioner returned to Bermuda he lived at the same home.

In September 1987 the Respondent together with their son joined the Petitioner for the second and third year in London where they lived in a one bedroomed flat. At that time there was available to the parties a sum of $41,542.00 comprising a loan of $36,642.00 a balance of $3,000.00 from the savings and an advance to the Petitioner of $2,000.00 from the Rotary and during the two years in England there was available to the parties the sum of $75,000.00 for family expenses which sum included a Rotary loan, a Ministry of Education loan and Appleby, Spurling & Kempe bursaries. In England the parties held a joint account.

In 1988 the Petitioner was successful at the LL.B. examination. During the summers of 1986 to 1989 the Petitioner worked at the Attorney General's Chambers for not more than $400.00 a week.

In June 1989 the Respondent and their son returned to Bermuda and lived at Radnor Road, her parent's property with her mother. She resumed teaching in September 1989 and has continued in employment ever since. On her return to Bermuda she ceased using the joint account in England. Her salary went into a separate chequing account at the Bank of N.T. Butterfield and she ceased...