In the matter of J [2010] JRC 073A (12 April 2010)

In the matter of J [2010] JRC 073A (12 April 2010)

The husband must be permitted to put his case on conduct, as there is no authority for the court to prevent a party from advancing such an argument at this stage, but the court warns of the likely emotional and financial costs and limited practical benefit.

Citation
[2010] JRC 073A
Parties
Applicant: Husband; Respondent: Wife
Jurisdiction
Jersey
Judgment Date
12 April 2010
Procedural Posture
Ancillary Relief in Matrimonial Proceedings / Case Review Hearing on Conduct Allegations
Outcome
Application allowed to proceed
Legal Topics
Ancillary Relief, Conduct in Financial Proceedings, Matrimonial Causes
Family Law Ancillary Relief Conduct in Financial Proceedings Matrimonial Causes

Case Brief

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Parties

Husband

Applicant

Wife

Respondent

Procedural Posture

Ancillary Relief in Matrimonial Proceedings / Case Review Hearing on Conduct Allegations

Legal Issues

  1. 1 Whether the husband's allegations of the wife's conduct are sufficiently serious for the court to consider them in determining ancillary matters under Article 29(1) of the Matrimonial Causes (Jersey) Law 1949
  2. 2 Whether the court should prevent a party from putting forward an argument on conduct

Ratio Decidendi

The husband must be permitted to put his case on conduct, as there is no authority for the court to prevent a party from advancing such an argument at this stage, but the court warns of the likely emotional and financial costs and limited practical benefit.

Court Disposition

Application allowed to proceed

Orders

  • Husband permitted to continue with his application on conduct
  • Wife granted right to file affidavit on conduct by 16th April 2010