The Dégrèvement of Birbeck

JurisdictionJersey
CourtRoyal Court
Judge(Crill, Deputy Bailiff and Jurats Bailhache and Vint):
Judgment Date16 July 1979
Date16 July 1979
ROYAL COURT
(Crill, Deputy Bailiff and Jurats Bailhache and Vint):

Bankruptcy—dégrèvement—property subject to dégrèvement—agreement between husband and wife for transfer to wife of husband's real property, ratified by Royal Court, ineffective per se to transfer title to wife—cannot create hypothèque légale effective against husband's creditors—wife may obtain protection by registering agreement in Public Registry and lodging opposition with court to preclude passing of contract between husband and third party

Family Law—financial provision—maintenance agreement—agreement between husband and wife for transfer to wife of husband's real property may be registered in Public Registry to give notice to third parties—wife may also lodge opposition with court to preclude passing of contract between husband and third party

Family Law—financial provision—maintenance agreement—agreement between husband and wife for transfer to wife of husband's real property, ratified by Royal Court, ineffective per se to transfer title to wife—cannot create hypothèque légale effective against husband's creditors

Family Law—financial provision—maintenance agreement—agreement between husband and wife for transfer to wife of husband's real property, ratified by Royal Court, tantamount to original order by court under Matrimonial Causes (Jersey) Law 1949, with appropriate legal consequences, e.g. Royal Court may order execution of instruments under art. 35

CRILL, DEPUTY BAILIFF: The narrow point which the Court is called upon to decide is what is the effect of the Court sitting as the Matrimonial Causes Division ratifying an agreement between a petitioner and a respondent. But I want to say this now, that the Greffier was quite right to bring the matter to the attention of the Court because there was an unresolved order or an unresolved agreement, which had been sanctioned by the Court, so to speak in the air, and which he felt the Court ought to have its attention directed to, and for that reason I shall mention it again when I come to deal with the question of costs at the end of what I am going to say.

For many years now, since the coming into force of the Matrimonial Causes Law, when the Royal Court has ratified an agreement between the parties that ratification has been accepted as being tantamount to an order of the Court under the appropriate Article, and we take the opportunity to confirm that position. I say that because, if it were not so, then a person who...

To continue reading

Request your trial
3 cases
  • The Representation of Thompson, Amy (Née Remon), Whorrall (Née Remon) and Remon
    • Jersey
    • Royal Court
    • 15 May 1989
    ...(7) Macready v. Amy, 1950 J.J. 11. (8) New Guar. Trust Fin. Ltd. v. Birbeck, 1977 J.J. 71; further proceedings, sub nom. Birbeck, In re, 1979 J.J. 111; further proceedings, 1980 J.J. 117; further proceedings, 1980 J.J. 183; on appeal, sub nom. Birbeck v. Midland Bank Ltd., 1981 J.J. 121, ap......
  • Fort Regent Development Committee v Regency Suite Discotheque and Restaurant Ltd
    • Jersey
    • Royal Court
    • 23 October 1990
    ...Cttee., 1983 J.J. 71, distinguished. (4) New Guar. Trust Fin. Ltd. v. Birbeck, 1977 J.J. 71; further proceedings, sub nom. In re Birbeck, 1979 J.J. 111; further proceedings, 1980 J.J. 117; further proceedings, 1980 J.J. 183; affirmed, sub nom. Birbeck v. Midland Bank Ltd., 1981 J.J. 121, co......
  • Burke v Sogex International Ltd
    • Jersey
    • Court of Appeal
    • 30 August 1988
    ...the appellant; R.J. Michel for the respondent. Cases cited: (1) Birbeck v. New Guar. Trust Fin. Ltd., 1977 J.J. 71; further proceedings, 1979 J.J. 111; further proceedings, 1980 J.J. 117; further proceedings, 1980 J.J. 183; on appeal, sub nom. Birbeck v. Midland Bank Ltd., 1981 J.J. 121, di......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT