Belle v Joubert (DC 09/2014) [2015] SCSC 133 (7 May 2015)

Belle v Joubert (DC 09/2014) [2015] SCSC 133 (7 May 2015)

The marriage has irretrievably broken down as established by the petitioner's evidence, and the new Matrimonial Causes Act requires only this ground for dissolution. There is no possibility of reconciliation.

Citation
[2015] SCSC 133
Parties
Petitioner: Marguerite Marth Morada Belle; Respondent: Will Antonio Joubert
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
7 May 2015
Case Number
DC 09/2014
Procedural Posture
Divorce Petition / Judgment
Outcome
petition granted; conditional order of divorce issued
Legal Topics
Divorce, Irretrievable Breakdown of Marriage, Matrimonial Causes
Source Language
English
Family Law Divorce Irretrievable Breakdown of Marriage Matrimonial Causes

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Marguerite Marth Morada Belle

Petitioner

Will Antonio Joubert

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the marriage has irretrievably broken down under the Matrimonial Causes Act
  2. 2 Whether traditional grounds such as adultery, cruelty, and desertion are still required for divorce

Ratio Decidendi

The marriage has irretrievably broken down as established by the petitioner's evidence, and the new Matrimonial Causes Act requires only this ground for dissolution. There is no possibility of reconciliation.

Court Disposition

petition granted; conditional order of divorce issued

Orders

  • Marriage dissolved; conditional order of divorce granted, to be made absolute after six weeks.