Boyle v Boyle
1964 · 1964-66 ALR SL 464
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- Facts
- A petition in which the separation was said to have been produced by the respondent's conduct rather than by a simple walking out.
- Issue
- What is constructive desertion?
- Held
- Cole Ag CJ held that the conduct must be grave and weighty, and such as can properly be regarded as an expulsion in fact.
- Principle
- Constructive desertion is not any unpleasantness that leads the other spouse to leave. It is conduct that drives the other out.
- Why it matters
- The local test. Combine it with the four elements: separation, intention, no consent, no just cause, for a continuous three years.
Words and Latin in this note
- Desertion
- In a Christian or civil marriage, a separation for a continuous three years, with an intention to end cohabitation permanently, without the other spouse's consent, and without just cause. Constructive desertion is conduct grave enough to drive the other spouse out. Open the note.
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