Daws v Mackenzie Daws (Divorce Cause No. 12 of 1954)
Daws v Mackenzie Daws (Divorce Cause No. 12 of 1954) [1954] EACA 125 (1 January 1954)
The court held that the statutory standard of proof under section 9 of the Matrimonial Causes Ordinance requires the court to be 'satisfied' on the evidence that adultery occurred, which is stricter than a mere balance of probabilities but does not reach the criminal standard of proof beyond reasonable doubt. The court reviewed English authorities and found that, while ancient ecclesiastical law demanded exacting standards due to the quasi-criminal nature of adultery, the current statutory language does not require such a high threshold. The evidence presented by the petitioner, including the…
Source excerpt
- Divorce Proceedings
- Adultery Standard Of Proof
- Matrimonial Evidence
- Burden Of Proof