Costs and fault in a time of divorce
Aug. 18th, 2015 12:13 am![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
lloll4JBB v JBA, [2015] SGHCF 6 | Decision Date: 29 Jul 2015.
Caught my attention for:
1) The judge noting that while divorce under the Women's Charter is effectively a "no-fault divorce", of the grounds to prove that the marriage has irretrievably broken down, three are fault-based.
2) So if a party is proven to be at fault for the marriage breaking down, eg, having an affair, that means the other party has "won"?
3) So it's common for parties to bear own costs and not for court to order costs in matrimonial cases so as to avoid acrimony, where there is a "winner" and a "loser".
Caught my attention for:
1) The judge noting that while divorce under the Women's Charter is effectively a "no-fault divorce", of the grounds to prove that the marriage has irretrievably broken down, three are fault-based.
2) So if a party is proven to be at fault for the marriage breaking down, eg, having an affair, that means the other party has "won"?
3) So it's common for parties to bear own costs and not for court to order costs in matrimonial cases so as to avoid acrimony, where there is a "winner" and a "loser".