Jersey Judgment

H. v W. [1981] JLR 133 (15 September 1981)

Family Law Financial Provision Conduct of Parties Adultery Desertion Neglect of Children

Citation: [1981] JLR 133
Status: Judgment
Jurisdiction: Jersey
Posture: Family Law / Judgment

More details

Posture: Family Law / Judgment

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Professional case brief

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Source document

Holding and result

Adultery, desertion, and consequent neglect of teenage children amount to conduct justifying a reduction of financial provision.

Court disposition

financial provision reduced

Orders

financial provision to applicant reduced due to conduct

Material facts

Parties

Applicant

Respondent

Procedural history

Posture

Family Law / Judgment

Questions and positions

Legal issues

Whether the conduct of a party, specifically adultery, desertion, and neglect of teenage children, justifies reduction of financial provision

Party arguments

Applicant: The applicant seeks financial provision and contends that the respondent's conduct should not affect the quantum awarded.
Respondent: The respondent argues that the applicant's adultery, desertion, and neglect of teenage children constitute conduct justifying a reduction in financial provision.

Court’s reasoning

Legal principles

01
[1981] JLR 133

Conduct of a party, including adultery, desertion, and neglect of children, may be taken into account in determining financial provision.

Ratio, limits and disposition

Ratio decidendi

Adultery, desertion, and consequent neglect of teenage children amount to conduct justifying a reduction of financial provision.

Court disposition

financial provision reduced

financial provision to applicant reduced due to conduct

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

[1981] JLR 133

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[1981] JLR 133

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