Buffery v Buffery

Under the old law, the fact that spouses had grown apart and had nothing in common did not show that one had behaved in such a way that the other could not reasonably be expected to live with him.

Citation
[1988] 2 FLR 365
Court
Court of Appeal (Civil Division)
Year
1988
Subject
Family Law
Topic
Marriage, nullity and divorce

Facts

Mrs Buffery petitioned for divorce after about 20 years of marriage, on the ground that her husband had behaved in such a way that she could not reasonably be expected to live with him. She said that he was insensitive, did not take her out, and that they had grown apart and had nothing to talk about. The judge found that the marriage had broken down, but that the husband's behaviour was not such that she could not reasonably be expected to live with him.

Legal principle

The Court of Appeal upheld the refusal of a divorce. May LJ said that it was not enough for the wife to show that the marriage had broken down irretrievably, or that the parties had grown apart, but she had to prove that the breakdown was caused by behaviour on the husband's part such that she could not reasonably be expected to live with him. There was no such behaviour. The case was cited in Owens v Owens, and the need to prove fault was removed by the Divorce, Dissolution and Separation Act 2020.

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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.

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