Jersey Judgment

Brett v Brett (nee McFarling) [1966] JJ 703 (28 November 1966)

Family Law Divorce Adultery Evidence

Citation: [1966] JJ 703
Status: Judgment
Jurisdiction: Jersey
Posture: Divorce / Judgment

More details

Posture: Divorce / Judgment

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Professional case brief

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Source document

Holding and result

A respondent's admission of adultery, corroborated by evidence of intimacy and opportunity, is sufficient to establish adultery despite the co-respondent's denial.

Court disposition

adultery established

Material facts

Parties

Brett

Petitioner

Brett (nee McFarling)

Respondent

Procedural history

Posture

Divorce / Judgment

Questions and positions

Legal issues

Whether respondent's admission of adultery is sufficient to establish adultery despite co-respondent's denial, given evidence of intimacy and opportunity

Party arguments

Applicant: The respondent's admission of adultery, supported by evidence of intimacy and opportunity, is sufficient to establish adultery.
Respondent: The co-respondent denies adultery, challenging the sufficiency of the evidence.

Court’s reasoning

Legal principles

01
Brett v Brett (nee McFarling) [1966] JJ 703

A respondent's admission of adultery may establish adultery if there is evidence of intimacy and opportunity, even if the co-respondent denies it.

Ratio, limits and disposition

Ratio decidendi

A respondent's admission of adultery, corroborated by evidence of intimacy and opportunity, is sufficient to establish adultery despite the co-respondent's denial.

Court disposition

adultery established

Source and reliance status

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Source document

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Judgment text

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Source document

Court record

Judgment

[1966] JJ 703

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Brett v Brett (nee McFarling) [1966] JJ 703

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