W v H (Contested Divorce) [2022] EWFC 150 (B) (02 November 2022)

W v H (Contested Divorce) [2022] EWFC 150 (B) (02 November 2022)

The Respondent's behaviour, viewed holistically and in light of his autism, cumulatively meets the threshold under s1(2)(b) Matrimonial Causes Act 1973 such that the Petitioner cannot reasonably be expected to live with him. The marriage is valid and irretrievably broken down.

Citation
[2022] EWFC 150 (B)
Parties
Petitioner: W; Respondent: H
Jurisdiction
England and Wales
Judgment Date
02 November 2022
Procedural Posture
Contested Divorce / Final Hearing
Outcome
Petition granted; decree of divorce pronounced.
Legal Topics
Divorce, Matrimonial Causes Act 1973, Behaviour Grounds, Vulnerable Parties, Autism in Legal Proceedings
Family Law Divorce Matrimonial Causes Act 1973 Behaviour Grounds Vulnerable Parties Autism in Legal Proceedings

Case Brief

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Parties

W

Petitioner

H

Respondent

Procedural Posture

Contested Divorce / Final Hearing

Legal Issues

  1. 1 Whether the Respondent's behaviour meets the threshold under s1(2)(b) Matrimonial Causes Act 1973 such that the Petitioner cannot reasonably be expected to live with him
  2. 2 Consideration of Respondent's autism in the context of behaviour
  3. 3 Validity of marriage

Ratio Decidendi

The Respondent's behaviour, viewed holistically and in light of his autism, cumulatively meets the threshold under s1(2)(b) Matrimonial Causes Act 1973 such that the Petitioner cannot reasonably be expected to live with him. The marriage is valid and irretrievably broken down.

Court Disposition

Petition granted; decree of divorce pronounced.

Orders

  • Decree of divorce granted under s1(2)(b) Matrimonial Causes Act 1973
  • Participation directions for vulnerable parties approved