The husband appealed refusal of a decree of divorce. The judge found that the wife’s behaviour was insufficient to found a decree.
Held: The judge had applied the correct test. At issue here was really the wish of the huband to introduce another woman into his marriage. Any behaviour by the wife was not such as to found a proposition that the husband could not be expected to live with her.
Citations:
[1997] EWCA Civ 1403
Jurisdiction:
England and Wales
Citing:
Cited – O’Neill v O’Neill CA 1975
The court considered the level of unreasonable behaviour necessary to found a decree of divorce.
Cairns LJ said: ‘The right test is, in my opinion, accurately stated in Rayden on Divorce . . ‘The words ‘reasonably be expected’ prima facie . .
Cited – Buffery v Buffery CA 30-Nov-1987
The court considered a petition for divorce beased upon unreasonable behaviour. The Wife petitioner appealed from the decision dismissing her petition for the dissolution of her marriage to the respondent.
Held: After discussing O’Neill: ‘one . .
Lists of cited by and citing cases may be incomplete.
Family
Updated: 28 April 2022; Ref: scu.141799