Jersey Judgment

Graham v Pearce [1973] JJ 2435 (13 July 1973)

Family Law Judicial Separation Adultery Standard of Proof

Citation: [1973] JJ 2435
Status: Judgment
Jurisdiction: Jersey
Posture: Family Law / Judgment

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Posture: Family Law / Judgment

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Holding and result

The court held that a high standard of proof, greater than the balance of probabilities, is required to establish adultery in judicial separation cases due to the seriousness of the allegation.

Material facts

Parties

Graham

Applicant

Pearce

Respondent

Procedural history

Posture

Family Law / Judgment

Questions and positions

Legal issues

What is the required standard of proof for adultery in judicial separation proceedings?

Party arguments

Applicant: Applicant alleges adultery by the respondent and seeks judicial separation.
Respondent: Respondent denies adultery and challenges the sufficiency of proof.

Court’s reasoning

Legal principles

01
Graham v Pearce [1973] JJ 2435

A high standard of proof is required for adultery due to its seriousness as a matrimonial offence; proof on the balance of probabilities is insufficient.

Ratio, limits and disposition

Ratio decidendi

The court held that a high standard of proof, greater than the balance of probabilities, is required to establish adultery in judicial separation cases due to the seriousness of the allegation.

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Judgment

[1973] JJ 2435

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BAILII >> Databases >> Jersey Law Reports >> Graham v Pearce [1973] JJ 2435 (13 July 1973) URL: https://www.bailii.org/je/cases/JLR/1973/JLR732435.html Cite as: [1973] JJ 2435 [ New search ] [ Help ] Graham v Pearce 1973 J. J. 2435 (13 July 1973) Family Law-judicial separation-adultery-standard of proof-high standard of proof required because of seriousness of adultery as matrimonial offence-proof on balance of probabilities insufficient 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: 1973 J. J. 2435 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1973/JLR732435.html

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Graham v Pearce [1973] JJ 2435

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