Melinda Sue Anne Frith v Charles Alexander Vincent Frith

• Jurisdiction: Bermuda
• Judgment Date: 25 October 2000
• Docket Number: Divorce Jurisdiction 1999 No. 50
• Date: 25 October 2000
• Court: Supreme Court (Bermuda)

In the Supreme Court of Bermuda

Philip Storr

Divorce Jurisdiction 1999 No. 50

BETWEEN:

Melinda Sue Anne Frith

Petitioner

-and-

Charles Alexander Vincent Frith

Respondent

David Cooper—for the Petitioner

Kieron Unwin—for the Respondent

JUDGMENT

The parties were married at Saint Michael's Church, South Road, Paget on the 20^th September 1980. The Petitioner who is now aged 47 is in full time employment as an Administrator at Saltus Grammar School. The Respondent who is now 48 years of age is an Assistant Manager with the Bank of N. T. Butterfield & Son Ltd. There are two children of the family now living Kimberly Nicole who was born on the 31^st January 1982 and is now 18 years of age and Erica Michelle who was born on the 22^nd August 1984 and is now 16 years of age. Both children are in full time education and live with the Petitioner at the former matrimonial home Mckenzie Cottage, 5 Sunning Lane, Warwick Parish. The marriage was terminated by Decree Absolute of divorce dated 9^th November 1999 based upon the Respondents unreasonable behavior as set out in the Petitioner's petition dated the 18^th March 1999. The Petitioner now seeks ancillary relief both as to the division of the capital assets of the family and as to a contribution towards her maintenance and the cost of educating and maintaining the two daughters during their dependency.

Both husband and wife swore Affidavits as to their respective finances and gave verbal evidence before me. Whilst the husband has been reticent to give full particulars of his assets it is clear that he is, either presently or at some time in the future, a person of considerable financial substance.

So far as it has been possible to determine his assets, it would seem that in addition to his interest in the matrimonial home Mckenzie Cottage, Warwick Parish, with which I deal later, the Respondent has the following assets:-

1. A plot of land known as lot 30 Sunning Lane Warwick	$350,000
2. A portfolio of stocks and shares worth at least This portfolio includes an investment in ‘Butress Fund’ in respect of which the Respondent has opted to reinvest any dividends on the purchase of further units in the fund so that the capital is permanently increasing.	$350,000

In addition the Respondent has:-

3. A 25 foot Tiara boat of minimum value of	$30,000
4. He has acquired a collection of paintings on which he places a value of	$10,000
5. Life insurance	$45,000
Total assets	$785,000

Against the assets are charged two outstanding loans to the Bank of Butterfield amounting to approximately $205,000. The Respondent also has vested interests in various family trust funds which have been created over the years.

The first of such interests is in the trust created in connection with the estate of his late father Eric Charles Kimball Frith. The late Mr. Frith left a life interest in the whole of his estate to the Respondents mother and subject to her life interest the trust fund is to be divided equally between the Respondent and his sister. The trust fund consists in the main of a property known as Bon Burnie, Fairylands Road, Pembroke presently worth in the region of $1,400,000 and a small parcel of shares valued at about $4,000.

The second substantial inheritance is that which he will receive under the estate of his late grandfather Eric Charles Hodgson Frith. The late Mr. E. C. K. Frith left a life interest in half of his estate to the survivor of the Petitioner's father and mother. Mrs. Frith Sr. is therefore entitled to receive one half of the trust income, she having survived her late husband. Of the remainder the Respondent receives a one half share in the income and his sister the other one half share. He is therefore receiving one quarter of the net income of the trust at the present time.

After the death of the Respondent's mother, the Respondent and his sister are entitled to share the assets of the trust in equal shares absolutely.

Those assets are a property known as ‘Airdrie’ Fairylands Road, Pembroke Parish which is worth approximately $2,000,000 and other investments of a total value of approximately $3,000,000.

It is right to say that $775,000 of this residue has been apportioned to a separate trust on behalf of the Respondent and he, of course, receives the income from these investments. From a reading of the Will it may well be that the Respondent is absolutely entitled to the capital of that portion of the trust immediately as he would appear to be the only beneficiary who is entitled and who is of full age To this extent, that sum of money may well be effectively a free asset in his hands.

There are other bank accounts in the Respondents name in which he has accumulated funds for the education of his daughters with which I shall deal later.

The Petitioner's assets are relatively modest. In addition to her half share in the former matrimonial home she has:-

shares of an approximate value of	$23,000
a deposit account	$6,000
a motorcycle and car	$17,000
a Boston Whaler	$6,000
Total Assets	$52,000

In addition to this the Petitioner has a small savings account which she is using in order to supplement her income and which is depleting accordingly.

So far as income is concerned the respective positions of the Petitioner and of the Respondent are equally disparate. The Respondents actual net income would seem to be:-

Salary approximately	$62,000
Income from E. C. H. Frith trust	$40,000
Dividends and interest on investments (estimated)	$17,500
$119,500

In addition, he should receive rent for ‘Airdrie’ of $27,000 p.a. (see below) making a total of £136,500. The Petitioner also asserts that the Respondent receives $5,000 per annum before acting as trustee of the J. A. P. Pitt Trust and $600 per annum as a director of Devonshire Industries. This...