AA v BB - Judgment
Matrimonial Causes Law (2003 Revision) - Divorce Petition and Cross-Petition - Unreasonable behaviour (s.10(1)(b)) - If a Respondent is disputing any particulars pleaded in a Petition must an Answer be filed? If admitting some of the particulars of behaviour in a Petition and not admitting other particulars in a Petition, does the failure to file an Answer result in all of the facts and matters stated in the Petition being proved? If admitting some of the particulars of behaviour in a Petition and not admitting other particulars in a Petition, can the Court prove the Petition based on only the admitted particulars if the Petitioner is insisting that the Court consider proving all of the particulars? Grenfell v Grenfell [1978] Fam 126. Does r.9(1)(a) Matrimonial Causes Rules (2003 Revision) apply when a Petition does not contain a ground of adultery but does rely on the allegation of adultery as a particular of behaviour?
| Neutral Citation | [2025] CIGC (FAM) 214 |
|---|---|
| Cause Number | FAM 0214/2019 |
| Court | CIGC (Fam) |
| Judge | Williams J |
| Parties | AA v BB - Judgment |
| Judgment Date | 2021-03-04 |
| Subject | Matrimonial Causes Law (2003 Revision) - Divorce Petition and Cross-Petition - Unreasonable behaviour (s.10(1)(b)) - If a Respondent is disputing any particulars pleaded in a Petition must an Answer be filed? If admitting some of the particulars of behaviour in a Petition and not admitting other particulars in a Petition, does the failure to file an Answer result in all of the facts and matters stated in the Petition being proved? If admitting some of the particulars of behaviour in a Petition and not admitting other particulars in a Petition, can the Court prove the Petition based on only the admitted particulars if the Petitioner is insisting that the Court consider proving all of the particulars? Grenfell v Grenfell [1978] Fam 126. Does r.9(1)(a) Matrimonial Causes Rules (2003 Revision) apply when a Petition does not contain a ground of adultery but does rely on the allegation of adultery as a particular of behaviour? |
| Filename (current) | 21-03-04_aa_v_bb.pdf |
| Statute | Sections cited | Mentions |
|---|---|---|
| Children Act | — | 3 |
| Grand Court Rules - Vol I - Orders (subordinate) | — | 2 |
| Matrimonial Causes Act | 1(2)(b) | 2 |
| Matrimonial Causes Rules (subordinate) | 9(1)(a) | 2 |
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