Buffery v Buffery [1987] EWCA Civ 4 (30 November 1987)

Buffery v Buffery [1987] EWCA Civ 4 (30 November 1987)

The correct legal test under s.1(2)(b) is whether the behaviour is such that the petitioner cannot reasonably be expected to live with the respondent, not whether the conduct is grave or weighty. On the facts, neither party was at fault; the marriage had broken down due to growing apart, not behaviour meeting the statutory threshold.

Citation
[1987] EWCA Civ 4
Parties
Appellant (petitioner): June Constance Buffery; Respondent (respondent): Leonard Ronald Buffery
Jurisdiction
England and Wales
Judgment Date
30 November 1987
Procedural Posture
Divorce Petition Appeal / Appeal From County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Divorce, Matrimonial Causes Act 1973, Irretrievable Breakdown, Behaviour Under S.1(2)(b)
Family Law Divorce Matrimonial Causes Act 1973 Irretrievable Breakdown Behaviour Under S.1(2)(b)

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Parties

June Constance Buffery

Appellant (petitioner)

Leonard Ronald Buffery

Respondent (respondent)

Procedural Posture

Divorce Petition Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the conduct of the respondent satisfies s.1(2)(b) Matrimonial Causes Act 1973
  2. 2 Whether the correct legal test was applied for behaviour justifying divorce

Ratio Decidendi

The correct legal test under s.1(2)(b) is whether the behaviour is such that the petitioner cannot reasonably be expected to live with the respondent, not whether the conduct is grave or weighty. On the facts, neither party was at fault; the marriage had broken down due to growing apart, not behaviour meeting the statutory threshold.

Court Disposition

Appeal dismissed

Orders

  • Petition for dissolution dismissed
  • Costs awarded to respondent, not to be enforced without leave of the court