29 Apr 2020
The renewed application for leave to appeal was dismissed because the husband failed to show a reasonable prospect of success: the Family Court’s factual finding of two-year separation was well supported and not shown to be erroneous, established precedent permits dissolution once separation is proved without further probing of adultery, and the costs order fell within the judge’s wide discretion.
25 Sept 2019
Leave to appeal refused because the Husband’s proposed grounds lacked a reasonable prospect of success: the trial judge’s factual finding of two-year separation was supported by contemporaneous documents and witness evidence and was not plainly wrong; there was no justification to reopen or inquire into adultery where decree was granted on separation and adultery would not affect ancillary relief; the costs order was within the court’s discretion as the Wife succeeded and amendments were consensual with costs allocated to the Husband.
22 May 2019
The wife proved continuous separation from 9 September 2015 such that the parties had lived apart for more than two years before the petition; therefore a decree nisi of divorce is granted on the basis of two-year separation and no further inquiry into the husband's adultery allegation is warranted as it serves no practical purpose to the divorce decree.
22 May 2019
Court found on balance of contemporaneous communications, admissions and conduct that the parties had lived apart continuously from 9 September 2015 for more than two years; therefore decree nisi granted on ground of two-year separation under section 11A(2)(d) MCO; court declined to investigate or grant relief on husband's adultery petition because any inquiry was unnecessary to the divorce and would have no practical effect on ancillary proceedings.
22 May 2019
The wife proved continuous living apart since 9 September 2015 by contemporaneous messages, admissions and conduct establishing an intention not to return; absence of a formal agreement is irrelevant to section 11A(2)(d); therefore decree nisi granted on two-year separation and further inquiry into adultery was unnecessary and refused as it had no practical effect on the divorce or ancillary relief.
23 Apr 2019
The applicant failed to prove on the required credible standard that the parties had been separated for at least two continuous years immediately before the petition; despite separate bedrooms and absence of sexual relations, the parties lived as a single household as evidenced by shared evening meals, joint laundering practices, financial interdependence (rent/utilities and cash contributions), the applicant's tolerance of the respondent's continued access to the home and social presentation as a family, therefore s11C(1) precluded treatment as living apart and the petition must be dismissed.