Marshall v Marshall (154 of 2005) [2007] SCSC 111 (28 October 2007)

The marriage has irretrievably broken down with no possibility of reconciliation, and the respondent consents to the divorce; therefore, the marriage should be dissolved.

Citation: [2007] SCSC 111
Parties: Petitioner: Myrtille Bernadette Marshall nee Constance; Respondent: George Errington Marshall
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 28 October 2007
Case Number: 154 of 2005
Procedural Posture: Divorce / Judgment
Outcome: conditional order of divorce granted
Legal Topics: Divorce, Irretrievable Breakdown, Separation
Source Language: English

Family Law Divorce Irretrievable Breakdown Separation

Case Brief

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Parties

Myrtille Bernadette Marshall nee Constance

Petitioner

George Errington Marshall

Respondent

Procedural Posture

Divorce / Judgment

Legal Issues

1 Whether the marriage has irretrievably broken down
2 Whether the parties have lived separate and apart for more than one year
3 Whether the respondent consents to the divorce

Ratio Decidendi

The marriage has irretrievably broken down with no possibility of reconciliation, and the respondent consents to the divorce; therefore, the marriage should be dissolved.

Court Disposition

conditional order of divorce granted

Orders

Marriage of the parties dissolved
Conditional order of divorce to be made absolute according to law