Baxter v Baxter

Facts

The parties had sexual intercourse, but contraceptives were used, and one spouse said the marriage had never been consummated.

Issue

Does consummation require the possibility of conception?

Held

No. Consummation is ordinary and complete intercourse. The use of contraceptives does not prevent it.

Principle

Wilful refusal and incapacity are about intercourse, not about children. A just excuse, such as illness, negatives wilful refusal. Malingering does not.

Why it matters

The Sierra Leone courts use this learning on nullity. Insanity is not a ground of divorce, but incapacity to consummate is a ground of nullity.

For study only. By lanbuk.com. Always check current sources and consult a qualified professional.