Divorce 1940's

[Pendlewitch67]

Good afternoon

I came across a newspaper report from 1947 and the content read, regarding a decree nisi, "misconduct of wife, discretion exercised". Other reports mentioned the third party by name. What is meant, therefore, by this.

Thank you 😁

[mckha489]

You can’t read all of this, but probably enough.  Was the wife the petitioner in your case?

https://vlex.co.uk/vid/blunt-v-blunt-803069409

[mckha489]

If you type the phrase into newspaper search there are a lot of cases. I think basically it just means the Judge exercised their discretion. I am not quite sure how that is different from the judge making an actual judgement, but it must be to do with going slightly outside the “rules”, and so creating new case law. Well, that’s my interpretation anyway. Hopefully a lawyer comes along .

https://www.findmypast.co.uk/image-share/a35961e1-5c03-4020-9006-8177311d7576  (Column 3)

Having read a few more, I think if Person A petitioned for divorce on the grounds of Person B’s adultery and Perosn A was found also to have committed adultery, then the law was no divorce. But the judge could exercise their discretion and still grant the divorce. But it might be granted to the respondent not the petitioner. Not sure what the subtlety of that was…money?

I had better stop hypothesising…I could be completely misunderstanding.

[Pendlewitch67]

If you type the phrase into newspaper search there are a lot of cases. I think basically it just means the Judge exercised their discretion. I am not quite sure how that is different from the judge making an actual judgement, but it must be to do with going slightly outside the “rules”, and so creating new case law. Well, that’s my interpretation anyway. Hopefully a lawyer comes along .

https://www.findmypast.co.uk/image-share/a35961e1-5c03-4020-9006-8177311d7576  (Column 3)

Having read a few more, I think if Person A petitioned for divorce on the grounds of Person B’s adultery and Perosn A was found also to have committed adultery, then the law was no divorce. But the judge could exercise their discretion and still grant the divorce. But it might be granted to the respondent not the petitioner. Not sure what the subtlety of that was…money?

I had better stop hypothesising…I could be completely misunderstanding.

Hi

Thank you. Certainly a lot of legal jardon to digest. 

[Pendlewitch67]

Good afternoon

I came across a newspaper report from 1947 and the content read, regarding a decree nisi, "misconduct of wife, discretion exercised". Other reports mentioned the third party by name. What is meant, therefore, by this.

Thank you 😁

According to Google:

"Discretion exercised" means using the power to make a decision based on judgment and reason, rather than strictly following rules.