Index > Consent Must Still Exist At Time Of Proving Of Petition
Consent Must Still Exist At Time Of Proving Of Petition
Family Division judgments indexed under this subject matter
McKenzie v. J.M.
CIGC (Fam) | Cause No. FAM 0201 of 2017 | Judge: Williams J
Unreported Judgment
Family Law — Husband and Wife — Divorce — Wife's Amended Petition — Consent must still exist at time of proving of petition
Husband and Wife - Divorce - Wife's Amended Petition - Wife's divorce brought on consensual ground of parties living apart for two years - Respondent must affirmatively consent to the decree and it is not sufficient that he or she does not oppose it - Consent must still exist at time of proving of petition - Amendment of Petitions and requirement to seek leave of the court pursuant to the procedure set out in Rule 14 Matrimonial Causes Rules (2003 Revision) - The fact alleged under s.10(1) of the Law on which it is sought to satisfy the court that the marriage has broken down irretrievably must appear in the Petition - Petitions to be treated as one petition and 2 years living apart must immediately precede the filing date of the Petition and not of the Amended Petition.