Wellesley Cole v. Welleseley-Cole (Divorce Case No. 39/66)) [1967] SLSC 1216 (20 February 1967);

Search Summary: 

Evidence -burden of proof-standard of proof-divorce-cruelty proof on balance of probabilities

 Family Law -divorce-answer-amendment-where condonation relied on as bar but not pleaded, answer to be amended

Headnote and Holding: 

Where a divorce is sought on the ground of cruelty, the standard of proof required is that the court should be satisfied on the balance of probabilities (page 69, lines 4-6).

Where a party against whom a divorce is sought relies on condonation as a bar but has not pleaded it, the court should allow him to amend his pleading (page 68, line 40-page 69, line 2).

Law Report Citation: 
1967-68 ALR S.L. 65