W had been confined to a mental institution after being found not guilty of the murder of her two children by reason of insanity. Her release on conditional discharge was anticipated, and application was made to vary the maintenance order.
Held: Whilst her behaviour had been gross and obvious, no moral blame attached, and it would not be equitable that she should be punished financially, though it remained a substantial factor. A clean break order was made to provide a small lump sum for the wife, with the balance of the proceeds of sale of the matrimonial home divided equally.
Judges:
Reeve J
Citations:
(1982) 3 FLR 83, (1981) Fam Law 118
Jurisdiction:
England and Wales
Cited by:
Cited – Kyte v Kyte CA 22-Jul-1987
The parties disputed an ancillary relief claim on their divorce. The husband had been suicidally depressed. The wife had committed adultery over a long time and also assisted her husband’s failed suicide. The husband now sought to rely upon her . .
Lists of cited by and citing cases may be incomplete.
Family
Updated: 30 April 2022; Ref: scu.235272