MATRIMONIAL CAUSES – Divorce Proceedings – Factors to be considered by the Court in granting a divorce

“It is true that in spite of unreasonable delay, the court may grant a divorce having regard to the considerations mentioned in Blunt v. Blunt, [1943] A.C. 517, which are, at p.525- “(a) the position and interest of any children of the marriage; (b) the interest of the party with whom the petitioner has been guilty of misconduct, with special regard to the prospect of their future marriage; (c) the question whether, if the marriage is not dissolved, there is a prospect of reconciliation between husband and wife; and (d) the interest of the petitioner, and, in particular, the interest that the petitioner should be able to remarry and live respectably.” After giving those considerations (which had been stated in Wilson v. Wilson [1920] P. 20) Lord Simon went on to say in Blunt v. Blunt- “To these four considerations I would add a fifth of a more general character, which must, indeed, be regarded as of primary importance, namely, the interest of the community at large, to be judged by maintaining a true balance between respect for the binding sanctity of marriage and the social considerations which make it contrary to public policy to insist on the maintenance of a union which has utterly broken down.”

Per VAHE ROBERT BAIRAMIAN, JSC in ENEKEBE V. ENEKEBE (1964) LCER-296(SC) (Pp 5 – 6 Paras C – C)
Add to LawKit (0)
Please login to bookmark Close
You are here:

Table of Contents

My LawKitShare

  • No bookmark found