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Butterworth v Butterworth: CA 7 Feb 1997

Brooke LJ, with whom Balcombe LJJ agreed, treated the test for whether behaviour was so unreasonable as to support a petition for divorce as being that laid down by Dunn J in Livingstone-Stallard.

Judges:

Brooke, Balcombe LJJ

Citations:

[1997] EWCA Civ 961, [1997] 2 FLR 336

Jurisdiction:

England and Wales

Citing:

ApprovedLivingstone-Stallard v Livingstone-Stallard FD 1974
Section 1(2)(b) is expressed in very simple language, and ‘is . . quite easy for a layman to understand’. The court considered the necessary test for whether unreasonable behaviour had reached a point such as to allow a decree of divorce.
Dunn . .

Cited by:

CitedOwens v Owens CA 24-Mar-2017
Unreasonable Behaviour must reach criteria
W appealed against the judge’s refusal to grant a decree of divorce. He found that the marriage had broken down irretrievably, but did not find that H had behaved iin such a way that she could not reasonably be expected to live with H.
Held: . .
Lists of cited by and citing cases may be incomplete.

Family

Updated: 28 April 2022; Ref: scu.141357

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