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High Court grants decree of judicial separation, sought by both parties of affluent marriage but awarded on the basis of the applicant's admitted infidelity, and makes a series of financial orders providing 'proper provision' for each spouse and their four dependent children, despite the respondent's unnecessary protraction of the litigation by failing to set out her position until the final day of trial.
Family law - special summons - application for a decree of judicial separation - four dependant children - separate grounds - applicant husband's extra marital affairs - respondent wife's alleged unreasonable and excessive spending and physical assault insufficient to ground decree - admission of adultery sufficient to ground decree on respondent's grounds alone - proper provision - financial resources - income and earning capacity - financial needs, obligations and responsibilities together with standard of living, age of spouses and duration of marriage - contributions made or likely to be made in future - statutory entitlements - applicant's open offer met with respondent's own proposal for various assets - respondent failed to adopt a position on proper provision until final day of trial - cost and time of litigation increased significantly as a result - various orders providing proper provision of dependant respondent and children - agreement on joint custody between parties - costs to be decided at later date.
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