Stewart v Stewart

In *Stewart v Stewart*, the Full Court of the Supreme Court of Western Australia considered an appeal concerning a decree nisi for dissolution of marriage. The primary dispute revolved around the grounds for divorce, specifically whether the respondent had deserted the appellant.

The court was required to determine whether the respondent's conduct constituted desertion for the purposes of section 74 of the *Marriage Act 1950* (Fict.). This involved assessing whether the respondent had withdrawn from cohabitation with the intention of bringing the marital relationship to an end, and whether this withdrawal had persisted for the statutory period.

The Full Court found that the respondent's departure from the matrimonial home was not accompanied by the necessary intention to end the marriage. Instead, the evidence suggested that the respondent had left due to marital discord and a desire for a period of separation, with the hope of reconciliation. Consequently, the court held that the essential element of intention to desert was absent, and therefore, the ground for divorce had not been established. The appeal was allowed, and the decree nisi was set aside.