Marett v Marett [2008] JLR 384 (17 October 2008)
- Citation
- [2008] JLR 384
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Family Law / Application to Set Aside Consent Order
More details
- Posture
- Family Law / Application to Set Aside Consent Order
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
A consent order cannot be set aside merely because a party misunderstood or dislikes its consequences; there must be a fundamental mistake or supervening event to invalidate the order.
Court disposition
application to set aside consent order refused
02
Material facts
Parties
Marett
ApplicantMarett
Respondent03
Procedural history
Posture
Family Law / Application to Set Aside Consent Order
04
Questions and positions
Legal issues
- 01
Whether a consent order for financial provision can be set aside on grounds of error of fact or supervening event
- 02
Whether a misunderstanding or dislike of consequences amounts to vice du consentement
Party arguments
- Applicant
- The consent order should be set aside due to error of fact or a supervening event, or because the applicant misunderstood the consequences.
- Respondent
- There was no fundamental mistake or vice du consentement; mere misunderstanding or dislike of consequences is insufficient to set aside the order.
05
Court’s reasoning
Legal principles
- 01
[2008] JLR 384
A consent order may be set aside if based on error of fact (such as misrepresentation or misunderstanding) or invalidated by a supervening event.
- 02
[2008] JLR 384
A consent order is interpreted as a contract and may be set aside if the underlying contract is invalid (e.g., for vice du consentement).
- 03
[2008] JLR 384
No vice du consentement exists if there is no fundamental mistake and a party merely misunderstood or dislikes the consequences of the order.
06
Ratio, limits and disposition
Ratio decidendi
A consent order cannot be set aside merely because a party misunderstood or dislikes its consequences; there must be a fundamental mistake or supervening event to invalidate the order.
Court disposition
application to set aside consent order refused
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Marett v Marett [2008] JLR 384 (17 October 2008) URL: https://www.bailii.org/je/cases/JLR/2008/JLR080384.html Cite as: [2008] JLR 384 [ New search ] [ Help ] Marett v Marett 2008 JLR 384 (17 October 2008) Family Law-financial provision-consent order-may be set aside if (a) based on error of fact (e.g. misrepresentation or misunderstanding); or (b) invalidated by supervening event-consent order interpreted as contract and may be set aside if underlying contract invalid (e.g. for vice du consentement)-no vice du consentement if no fundamental mistake and party merely misunderstood and dislikes consequences of order 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: 2008 JLR 384 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2008/JLR080384.html
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