Nancy (Born Adela) v Nancy (31 of 2007) (31 of 2007) [2007] SCSC 34 (12 August 2007)

Nancy (Born Adela) v Nancy (31 of 2007) (31 of 2007) [2007] SCSC 34 (12 August 2007)

The court found that the marriage had irretrievably broken down, the parties had lived apart for the requisite period, and the respondent consented to the divorce. The statutory requirements were satisfied, justifying the grant of a conditional order for divorce.

Citation
[2007] SCSC 34
Parties
Petitioner: Desina Nancy (born Adela); Respondent: Wilson Nancy
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
12 August 2007
Case Number
31 of 2007
Procedural Posture
Divorce Petition / Judgment
Outcome
conditional order for divorce granted
Legal Topics
Divorce, Irretrievable Breakdown of Marriage, Consent to Divorce
Source Language
English
Family Law Divorce Irretrievable Breakdown of Marriage Consent to Divorce

Case Brief

Summary, issues, holding and outcome

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Parties

Desina Nancy (born Adela)

Petitioner

Wilson Nancy

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the marriage has irretrievably broken down
  2. 2 Whether the statutory requirements for divorce have been met
  3. 3 Whether the respondent consents to the divorce

Ratio Decidendi

The court found that the marriage had irretrievably broken down, the parties had lived apart for the requisite period, and the respondent consented to the divorce. The statutory requirements were satisfied, justifying the grant of a conditional order for divorce.

Court Disposition

conditional order for divorce granted

Orders

  • Conditional order for divorce granted; to be made absolute after six weeks from the date of judgment.