O’Neill v O’Neill, [1975] 3 All ER 289
Citation:O’Neill v O’Neill, [1975] 3 All ER 289
Rule of thumb:Do you have to prove a marriage has broken down in order to get a divorce? As a general rule, once the relationship has been over for 2 years, no, a divorce will be granted – before then, yes.
Judgment:
This is a classic case commonly used to avoid aggravation in obtaining a divorce and stopping a “mud-throwing” match so to speak. The facts of this case were that the parties had been living apart for 2 years, and both consented to the divorce. The Court held that this was sufficient grounds for a divorce to go through and they considered this to be ‘reasonable’, ‘The words ‘reasonably be expected’ prima facie suggest an objective test. Nevertheless, in considering what is reasonable, the court (in accordance with its duty to inquire, so far as it reasonably can, into the facts alleged) will have regard to the history of the marriage and to the individual spouses before it, and from this point of view will have regard to this petitioner and this respondent in assessing what is reasonable’, Cairns LJ
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.