VW v BH (Contested Divorce Proceedings) [2018] EWFC B68 (05 November 2018)

VW v BH (Contested Divorce Proceedings) [2018] EWFC B68 (05 November 2018)

The court found that VW only became aware of BH's adultery on 8 May 2017 and did not live with him for more than six months thereafter. The evidence of adultery was admitted by BH and corroborated by witnesses. VW found it intolerable to live with BH after learning of the adultery. BH failed to prove his allegations of unreasonable behaviour against VW. The court was satisfied that the marriage had irretrievably broken down due to BH's adultery and VW's intolerability, and VW was entitled to a decree nisi on her petition.

Citation
[2018] EWFC B68
Parties
Petitioner: VW; Respondent: BH
Jurisdiction
England and Wales
Judgment Date
05 November 2018
Procedural Posture
Divorce / Final Hearing and Judgment
Outcome
Decree nisi granted in favour of VW on the ground of BH's adultery.
Legal Topics
Divorce, Adultery, Unreasonable Behaviour, Matrimonial Causes Act 1973, Irretrievable Breakdown of Marriage
Family Law Divorce Adultery Unreasonable Behaviour Matrimonial Causes Act 1973 Irretrievable Breakdown of Marriage

Case Brief

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Parties

VW

Petitioner

BH

Respondent

Procedural Posture

Divorce / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the marriage has irretrievably broken down under section 1 of the Matrimonial Causes Act 1973
  2. 2 Whether the petitioner (VW) can rely on the respondent's (BH's) adultery as the ground for divorce
  3. 3 Whether the respondent (BH) can rely on the petitioner's (VW's) alleged unreasonable behaviour as the ground for divorce

Ratio Decidendi

The court found that VW only became aware of BH's adultery on 8 May 2017 and did not live with him for more than six months thereafter. The evidence of adultery was admitted by BH and corroborated by witnesses. VW found it intolerable to live with BH after learning of the adultery. BH failed to prove his allegations of unreasonable behaviour against VW. The court was satisfied that the marriage had irretrievably broken down due to BH's adultery and VW's intolerability, and VW was entitled to a decree nisi on her petition.

Court Disposition

Decree nisi granted in favour of VW on the ground of BH's adultery.

Orders

  • VW's petition for divorce is granted on the ground of BH's adultery.
  • BH's cross-petition based on unreasonable behaviour is dismissed.