Jersey Judgment

Fitzgerald v Northcroft [1974] JJ 35 (01 May 1973)

Family Law Financial Provision Clean Break Misconduct Costs

Citation: [1974] JJ 35
Status: Judgment
Jurisdiction: Jersey
Posture: Family Law / Judgment

More details

Posture: Family Law / Judgment

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Professional case brief

Research organized from the available case record

Source document

Holding and result

Misconduct is relevant to financial provision only if it is gross and obvious, and may justify a costs order if it caused the breakdown of the marriage.

Court disposition

Costs order may be made against the guilty party if misconduct caused the breakdown of the marriage.

Material facts

Parties

Fitzgerald

Applicant

Northcroft

Respondent

Procedural history

Posture

Family Law / Judgment

Questions and positions

Legal issues

01
Whether misconduct should be considered in financial provision orders
02
Extent to which misconduct affects costs and financial settlement

Party arguments

Applicant: Misconduct should not significantly affect financial provision unless it is gross and obvious.
Respondent: Misconduct should be considered in determining financial provision and costs.

Court’s reasoning

Legal principles

01
Fitzgerald v Northcroft [1974] JJ 35

Misconduct is to be considered in financial provision only if it is gross and obvious.
02
Fitzgerald v Northcroft [1974] JJ 35

Even if given little weight, misconduct causing the breakdown of marriage may justify an order for costs against the guilty party.

Ratio, limits and disposition

Ratio decidendi

Misconduct is relevant to financial provision only if it is gross and obvious, and may justify a costs order if it caused the breakdown of the marriage.

Court disposition

Costs order may be made against the guilty party if misconduct caused the breakdown of the marriage.

Source and reliance status

Official court record

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Judgment text

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Source document

Court record

Judgment

[1974] JJ 35

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BAILII >> Databases >> Jersey Law Reports >> Fitzgerald v Northcroft [1974] JJ 35 (01 May 1973) URL: https://www.bailii.org/je/cases/JLR/1973/JLR740035.html Cite as: [1974] JJ 35 [ New search ] [ Help ] Fitzgerald v Northcroft 1974 J. J. 35 (01 May 1973) Family Law-financial provision-clean break-misconduct to be considered only if "gross and obvious"-although may be given little weight, if causes breakdown of marriage guilty party may be ordered to pay costs 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: 1974 J. J. 35 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1973/JLR740035.html

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