Elwell v Knight [1976] JJ 383 (11 June 1976)

Adultery does not automatically justify a reduction in financial provision where the conduct was induced by the other spouse's neglect of marital sexual responsibilities.

Citation: [1976] JJ 383
Parties: Applicant: Elwell; Respondent: Knight
Jurisdiction: Jersey
Judgment Date: 11 June 1976
Procedural Posture: Family Law / Judgment
Outcome: adultery did not result in deduction from financial provision
Legal Topics: Financial Provision, Conduct of Parties, Adultery, Marital Responsibilities

Family Law Financial Provision Conduct of Parties Adultery Marital Responsibilities

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Parties

Elwell

Applicant

Knight

Respondent

Procedural Posture

Family Law / Judgment

Legal Issues

1 Whether adultery should result in a deduction from financial provision when it was conduced to by the spouse's neglect of marital sexual responsibilities

Ratio Decidendi

Adultery does not automatically justify a reduction in financial provision where the conduct was induced by the other spouse's neglect of marital sexual responsibilities.

Court Disposition

adultery did not result in deduction from financial provision