In the matter of EE [2010] JRC 157A (01 September 2010)
A period during which the parties stayed together in the same room and engaged in sexual activity, even if not in either party's home, breaks the required continuous period of living apart under Jersey law. Therefore, the statutory requirement for a continuous year of separation was not met.
- Citation
- [2010] JRC 157A
- Parties
- Petitioner: Petitioner; Respondent: Respondent
- Jurisdiction
- Jersey
- Judgment Date
- 01 September 2010
- Procedural Posture
- Divorce Petition / Application for Greffier's Certificate
- Outcome
- application refused
- Legal Topics
- Divorce, Living Apart, Greffier's Certificate, Continuous Separation
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Petitioner
Petitioner
Respondent
Respondent
Procedural Posture
Divorce Petition / Application for Greffier's Certificate
Legal Issues
- 1 Whether the parties lived apart for a continuous period of one year immediately preceding the presentation of the petition as required by the Matrimonial Causes (Jersey) Law 1949
Ratio Decidendi
A period during which the parties stayed together in the same room and engaged in sexual activity, even if not in either party's home, breaks the required continuous period of living apart under Jersey law. Therefore, the statutory requirement for a continuous year of separation was not met.
Court Disposition
application refused
Orders
- Application for Greffier's Certificate refused
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment