W petitioned for judicial separation. H cross-petitioned for divorce, citing C as co-respondent. The actions were consolidated, W’s petition withdrawn, and a decree absolute of divorce granted to H. A costs order was made against C. On taxation, H asked for his costs of defending W’s original suit. Held: The consolidation of the suits was … Continue reading Forbes-Smith v Forbes-Smith and Chadwick: CA 1901
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A wife sought a divorce petition for her husband’s adultery. On her application for maintenance, a sum of andpound;90 per annum was to be secured for her life on interests of the husband under two wills. Held: The court confirmed the report and directed that: ‘The payment of andpound;90 per annum, payable monthly, be secured … Continue reading Maclurcan v Maclurcan: CA 1897
In August, 1890, a wife presented a petition for a divorce upon the ground of adultery coupled with cruelty. The marriage had taken place in December, 1858; the only child of the marriage, a son, was born in 1866, and the parties separated by agreement in 1870. A separation deed was then executed by them, … Continue reading Beauclerk v Beauclerk: CA 19 Jan 1891
The duty of the Court to issue an attachment for non-obedience of a decree for restitution of conjugal rights is the same since the Divorce Acts as it was before. It is not a sufficient compliance by a husband with a decree for restitution of conjugal rights that he has provided his wife with a … Continue reading Weldon v Weldon (No 1): 27 Nov 1883
The parties, from Germany and France married and lived at first in England. They had signed a pre-nuptial agreement in Germany which would have been valid in either country of origin. H now appealed against a judgment which bound him to it, restricting his ancillary relief. Held: H’s appeal failed (Lady Hale dissenting). Separation agreements … Continue reading Radmacher (Formerly Granatino) v Granatino: SC 20 Oct 2010
The husband had obtained a decree absolute of divorce against his wife. The matrimonial home had been conveyed to them jointly. He remarried and applied to the court for variation of the post-nuptial settlement. He died before the application was . .