Seychelles Case Law

Cornelis L Hoevers v Rachel F Hoevers (nee Alphonse) SCA MA 07/2024 AND SCA 14/2023

Cornelis L Hoevers v Rachel F Hoevers (nee Alphonse) SCA MA 07/2024 AND SCA 14/2023 [2024] (Consolidated) (Arising in DC 90/2022) (3 May 2024) (SCA MA 07/2024 AND SCA 14/2023 [2024] (Consolidated) (Arising in DC 90/2022) (3 May 2024)) [2024] SCCA 16 (3 May 2024)

Court

Court of Appeal

Case number

SCA MA 07/2024 AND SCA 14/2023 [2024] (Consolidated) (Arising in DC 90/2022) (3 May 2024)

The proven acts of violence and damaging property by the Respondent, even if provoked, constitute unreasonable behaviour under Article 230(1)(b) of the Civil Code Act, 2020. The Appellant cannot reasonably be expected to continue living with the Respondent. The trial judge erred in requiring a pattern or prolonged period of behaviour and in accepting provocation as justification. The requirements for dissolution of marriage under Article 231(1) were met, and the procedural delay in filing heads of argument was condoned due to the case's jurisprudential value and lack of prejudice to the Respo…

Source excerpt

• Divorce
• Irretrievable breakdown of marriage
• Unreasonable behaviour
• Procedural compliance
• Condonation of delay

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Morgan nee Nur v Morgan (DC 109/2018)

Morgan nee Nur v Morgan (DC 109/2018) [2018] SCSC 8252 (5 September 2018)

Court

Supreme Court

Case number

DC 109/2018

The Supreme Court of Seychelles dismissed a divorce petition because the petitioner did not prove the respondent’s consent required under section 4(1)(d) of the Matrimonial Causes Act.

• Divorce
• Matrimonial causes act
• Irretrievable breakdown of marriage
• Matrimonial-causes-act
• Family-law
• Irretrievable-breakdown

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J.M v N.M (DV 148/2016)

J.M v N.M (DV 148/2016) [2018] SCSC 8174 (27 May 2018)

Court

Supreme Court

Case number

DV 148/2016

The petitioner failed to prove, on a balance of probabilities, that the respondent behaved in a way that she could not reasonably be expected to live with him, and failed to provide evidence of attempted reconciliation as required by law. The petition was therefore dismissed.

Source excerpt

• Divorce
• Irretrievable breakdown of marriage
• Burden of proof
• Reconciliation
• Pleadings

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Amande v Amande (DC 78/2018)

Amande v Amande (DC 78/2018) [2018] SCSC 8160 (10 May 2018)

Court

Supreme Court

Case number

DC 78/2018

The marriage was found to have irretrievably broken down due to over 10 years of separation with no possibility of reconciliation, justifying the grant of a conditional order of divorce.

Source excerpt

• Divorce
• Irretrievable breakdown of marriage
• Child custody

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Toussaint nee Esther v Toussaint

Toussaint nee Esther v Toussaint (Civil Side DS174/2016) [2017] SCSC 109 (10 February 2017)

Court

Supreme Court

Case number

Civil Side DS174/2016

The Supreme Court of Seychelles granted a conditional divorce order after finding the marriage had irretrievably broken down and the respondent consented.

• Divorce
• Irretrievable breakdown of marriage
• Custody
• Maintenance
• Irretrievable-breakdown-of-marriage
• Family-law

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Belle v Joubert (DC 09/2014)

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

Court

Supreme Court

Case number

DC 09/2014

The Supreme Court of Seychelles granted a divorce petition, holding the marriage had irretrievably broken down under the Matrimonial Causes Act and ordering a conditional divorce.

• Divorce
• Irretrievable breakdown of marriage
• Matrimonial causes
• Family-law
• Irretrievable-breakdown-of-marriage
• Matrimonial-causes

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Constance v Constance (DC 2/2015)

Constance v Constance (DC 2/2015) [2015] SCSC 37 (12 February 2015)

Court

Supreme Court

Case number

DC 2/2015

The Supreme Court of Seychelles granted a conditional divorce order after finding the marriage had irretrievably broken down and the respondent consented.

• Divorce
• Irretrievable breakdown of marriage
• Custody
• Family-law
• Irretrievable-breakdown
• Child-custody

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Barbe v Barbe (DC 154/2014)

Barbe v Barbe (DC 154/2014) [2015] SCSC 35 (4 February 2015)

Court

Supreme Court

Case number

DC 154/2014

The Supreme Court of Seychelles granted a divorce after finding the marriage had irretrievably broken down, the parties had lived apart for over a year, and the respondent consented.

• Divorce
• Irretrievable breakdown of marriage
• Family-law
• Irretrievable-breakdown-of-marriage

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Hertel v Hertel (DC 161/2014)

Hertel v Hertel (DC 161/2014) [2015] SCSC 33 (4 February 2015)

Court

Supreme Court

Case number

DC 161/2014

The Supreme Court of Seychelles granted an uncontested divorce petition after finding the marriage had irretrievably broken down because of the respondent’s unreasonable behaviour.

• Divorce
• Irretrievable breakdown of marriage
• Unreasonable behaviour
• Irretrievable-breakdown-of-marriage
• Unreasonable-behaviour

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Leste v Leste (DC 157/2014)

Leste v Leste (DC 157/2014) [2015] SCSC 17 (21 January 2015)

Court

Supreme Court

Case number

DC 157/2014

The Supreme Court of Seychelles granted an uncontested divorce petition after finding the marriage had irretrievably broken down and the statutory requirements were met.

• Divorce
• Irretrievable breakdown of marriage
• Ex-parte hearing
• Family-law
• Irretrievable-breakdown
• Ex-parte-hearing

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