The wife had deserted her husband. The magistrates reduced her maintenance saying that her behaviour was gross and obvious.
Held: Her appeal was upheld. The magistrates should have first made findings on each element listed in 3(1) and only then balance those factors so as to make an order which was just and reasonable in all the circumstances. The most important function was finding the balance between needs and resources. Only if conduct was exceptional should it weigh in the balance. The court should be reluctant to make judgments about the behaviour of one party without hearing as to the entire conduct of both parties during the marriage.
Citations:
[1985] FLR 596, [1985] 15 Fam Law 158
Statutes:
Domestic Proceedings and Magistrates Courts Act 1978 2 3(1)
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, Magistrates
Updated: 23 March 2022; Ref: scu.235270