Jersey Judgment

Urquhart v Wallace [1973] JJ 2483 (10 October 1973)

Family Law Divorce Cruelty Standard of Proof

Citation: [1973] JJ 2483
Status: Judgment
Jurisdiction: Jersey
Posture: Divorce / Trial

More details

Posture: Divorce / Trial

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Holding and result

The trial court must apply a high standard of proof to allegations of cruelty in divorce proceedings and must give reasons for finding the component parts of cruelty proved.

Material facts

Parties

Urquhart

Applicant

Wallace

Respondent

Procedural history

Posture

Divorce / Trial

Questions and positions

Legal issues

What is the standard of proof required to establish cruelty as a ground for divorce?

Party arguments

Applicant: The applicant alleges cruelty as a ground for divorce and asserts that the conduct amounts to a serious matrimonial offence.
Respondent: The respondent disputes the allegations of cruelty and/or the sufficiency of proof.

Court’s reasoning

Legal principles

01
Urquhart v Wallace [1973] JJ 2483

Cruelty as a ground for divorce is a serious matrimonial offence requiring a high standard of proof.

Ratio, limits and disposition

Ratio decidendi

The trial court must apply a high standard of proof to allegations of cruelty in divorce proceedings and must give reasons for finding the component parts of cruelty proved.

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Judgment

[1973] JJ 2483

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BAILII >> Databases >> Jersey Law Reports >> Urquhart v Wallace [1973] JJ 2483 (10 October 1973) URL: https://www.bailii.org/je/cases/JLR/1973/JLR732483.html Cite as: [1973] JJ 2483 [ New search ] [ Help ] Urquhart v Wallace 1973 J. J. 2483 (10 October 1973) Family Law-divorce-cruelty-standard of proof-serious matrimonial offence requiring high standard of proof-trial court to give reasons for finding component parts of cruelty proved 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: 1973 J. J. 2483 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1973/JLR732483.html

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Urquhart v Wallace [1973] JJ 2483

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