Churchman v Churchman

Facts

A divorce petition in which the respondent said the petitioner had connived at the adultery.

Issue

What is connivance?

Held

Lord Merriman P described connivance as a willing consent to the adultery. Passive acquiescence with knowledge can be enough. A mere failure to prevent every opportunity is not.

Principle

Connivance is an absolute bar. A spouse who consents to the adultery cannot then complain of it.

Why it matters

Smart uses it for the trap case: if the trap is what causes the adultery, the petitioner may have consented to the offence he then proves.

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