Jersey Judgment

Evans v. Roberts [1961] JJ 131 (20 July 1961)

Family Law Judicial Separation Condonation Reconciliation

Citation: [1961] JJ 131
Status: Judgment
Jurisdiction: Jersey
Posture: Family Law / Judgment

More details

Posture: Family Law / Judgment

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Source document

Holding and result

A single act of sexual intercourse is not conclusive evidence of condonation; the real test is whether there has been reconciliation and resumption of a normal marital relationship.

Court disposition

Judicial separation not precluded by single act of intercourse; condonation not established.

Material facts

Parties

Evans

Applicant

Roberts

Respondent

Procedural history

Posture

Family Law / Judgment

Questions and positions

Legal issues

01
Whether a single act of sexual intercourse constitutes condonation in judicial separation proceedings
02
Whether continued cohabitation is conclusive proof of reconciliation

Party arguments

Applicant: The applicant contended that the respondent's single act of sexual intercourse did not amount to condonation and that continued cohabitation was not conclusive proof of reconciliation.
Respondent: The respondent argued that reinstatement in the marital position and resumption of cohabitation, including sexual intercourse, constituted condonation.

Court’s reasoning

Legal principles

01
Evans v. Roberts [1961] JJ 131

Condonation requires reinstatement of the spouse in the marital position with the intention of forgiving the wrong; the real test is reconciliation and resumption of a normal relationship.

Ratio, limits and disposition

Ratio decidendi

A single act of sexual intercourse is not conclusive evidence of condonation; the real test is whether there has been reconciliation and resumption of a normal marital relationship.

Obiter and limits

Continued cohabitation is not necessarily proof of reconciliation.

Court disposition

Judicial separation not precluded by single act of intercourse; condonation not established.

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Judgment

[1961] JJ 131

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BAILII >> Databases >> Jersey Law Reports >> Evans v. Roberts [1961] JJ 131 (20 July 1961) URL: https://www.bailii.org/je/cases/JLR/1961/JLR610131.html Cite as: [1961] JJ 131 [ New search ] [ Help ] Evans v. Roberts 1961 J. J. 131 (20 July 1961) Family Law-judicial separation-condonation-reinstatement of spouse in marital position with intention of forgiving wrong-real test is reconciliation and resumption of normal relationship-continued cohabitation not necessarily proof of reconciliation-husband's single act of sexual intercourse with wife not conclusive evidence of condonation The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 1961 J. J. 131 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1961/JLR610131.html

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Evans v. Roberts [1961] JJ 131

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