Hyde v Hyde: CA 22 Nov 2002

W sought leave to appeal against the grant of a decree nisi of divorce granted to her husband. As a committed Christian, she did not believe she had behaved unreasonably.
Held: Leave was refused. English law did not require a finding that a party had behaved unreasonably, it was a finding that behaviour had been of a sort such that the the other party could not reasonably be expected to live with them. ‘It is clear that this marriage has irretrievably broken down. Again it is not a moral judgment; it is not a religious judgment; it is a straightforward fact. There may have been a time when it could have been retrieved, but clearly that time has now gone by.’ The appeal was bound to fail, and leave was refused.

Judges:

Hale LJ

Citations:

[2002] EWCA Civ 1826

Links:

Bailii

Jurisdiction:

England and Wales

Family

Updated: 27 June 2022; Ref: scu.217831