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Jersey Case Law

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Family law [1982] JLR 7

de la Haye v Le Corre

de la Haye v Le Corre [1982] JLR 7 (12 January 1982)

In this divorce case, the court clarified that a respondent’s admission of adultery is not evidence against a co-respondent unless there is independent proof.

  • Divorce
  • Adultery
  • Evidence
  • Family-law
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Family law [1981] JLR 133

H. v W.

H. v W. [1981] JLR 133 (15 September 1981)

Family law case on financial provision, where adultery, desertion, and neglect of teenage children were treated as conduct justifying reduction.

  • Financial provision
  • Conduct of parties
  • Adultery
  • Desertion
  • Neglect of children
  • Family-law
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Family law [1979] JLR 119

Comerford v Such

Comerford v Such [1979] JLR 119 (26 September 1979)

The court held that adultery in divorce proceedings must be proved by strong evidence; facts leading only to suspicion are not enough.

  • Adultery
  • Standard of proof
  • Family-law
  • Standard-of-proof
  • Divorce
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Family law [1976] JJ 383

Elwell v Knight

Elwell v Knight [1976] JJ 383 (11 June 1976)

In this family law case, the court held that adultery did not justify reducing financial provision where it was induced by the other spouse’s neglect of marital sexual responsibilities.

  • Financial provision
  • Conduct of parties
  • Adultery
  • Marital responsibilities
  • Family-law
  • Financial-provision
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Family law [1976] JJ 367

Elwell v Knight

Elwell v Knight [1976] JJ 367 (15 April 1976)

The case concerns the standard of proof for adultery in divorce proceedings, holding that such allegations require a high standard appropriate to serious deliberate misconduct.

  • Divorce
  • Adultery
  • Standard of proof
  • Family-law
  • Standard-of-proof
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Family law [1973] JJ 2435

Graham v Pearce

Graham v Pearce [1973] JJ 2435 (13 July 1973)

In judicial separation proceedings, the court held that adultery must be proved by a high standard of proof; the balance of probabilities alone is insufficient.

  • Judicial separation
  • Adultery
  • Standard of proof
  • Family-law
  • Judicial-separation
  • Standard-of-proof
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Family law [1972] JJ 2029

Davey v Marks

Davey v Marks [1972] JJ 2029 (15 March 1972)

In a Jersey divorce case, the court considered whether a husband's violence and imprisonment could count as conduct conducing to his wife's adultery.

  • Divorce
  • Adultery
  • Conduct conducing
  • Family-law
  • Conduct-conducing
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Family law [1970] JJ 1339

Sauvey v Freeman

Sauvey v Freeman [1970] JJ 1339 (19 February 1970)

Divorce was granted on adultery grounds. The case states that adultery is a serious matrimonial offence requiring high proof, but strong circumstantial evidence may suffice.

  • Divorce
  • Adultery
  • Standard of proof
  • Family-law
  • Standard-of-proof
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Family law [1969] JJ 1199

Weston v Boyers

Weston v Boyers [1969] JJ 1199 (24 October 1969)

Divorce case on whether a petitioner’s conduct that helped lead to the respondent’s adultery can bar a decree nisi at the court’s discretion.

  • Divorce
  • Adultery
  • Cruelty
  • Wilful neglect
  • Misconduct
  • Discretionary bar
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Family law [1966] JJ 703

Brett v Brett (nee McFarling)

Brett v Brett (nee McFarling) [1966] JJ 703 (28 November 1966)

In a divorce case, the court held that a respondent’s admission of adultery, with evidence of intimacy and opportunity, could establish adultery despite the co-respondent’s denial.

  • Divorce
  • Adultery
  • Evidence
  • Family-law
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Jersey decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.