Skillett v Faramus [1971] JJ 1761 (19 April 1971)

Skillett v Faramus [1971] JJ 1761 (19 April 1971)

Cruelty, for the purpose of a separation order, requires a course of conduct that the other spouse could not reasonably be expected to endure, causing injury or reasonable apprehension of injury, and must be persistent, not a single act.

Citation
[1971] JJ 1761
Parties
Applicant: Skillett; Respondent: Faramus
Jurisdiction
Jersey
Judgment Date
19 April 1971
Procedural Posture
Family Law / Judgment
Legal Topics
Separation Orders, Persistent Cruelty, Definition of Cruelty
Family Law Separation Orders Persistent Cruelty Definition of Cruelty

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Parties

Skillett

Applicant

Faramus

Respondent

Procedural Posture

Family Law / Judgment

Legal Issues

  1. 1 What constitutes 'cruelty' for the purpose of a separation order?
  2. 2 What is the legal meaning of 'persistent' in the context of cruelty?

Ratio Decidendi

Cruelty, for the purpose of a separation order, requires a course of conduct that the other spouse could not reasonably be expected to endure, causing injury or reasonable apprehension of injury, and must be persistent, not a single act.