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Willan v. Willan | [1960] 1 W.L.R. 624, 2 All E.R. 463 (1960)
Many states continue to recognize fault-based divorce, or divorce based on one spouse’s commission of a marital offense, such as cruelty, adultery, or desertion. But even if fault is proved, certain defenses can render a fault divorce inappropriate. In Willan versus Willan, we explore the defense of condonation.
Throughout a twenty-year marriage, Mrs. Willan was physically violent toward Mr. Willan and verbally assaulted him with offensive language. She also routinely demanded sexual relations when Mr. Willan wasn’t interested. Mrs. Willan would attempt to coerce him by pulling his hair and ears and violently shaking his head from side to side. Additionally, she would pester him into the night, causing Mr. Willan to eventually acquiesce so that he could get some sleep. Despite the contentious state of the marriage, Mr. Willan did periodically have willing relations with his wife, not induced by her coercive tactics.
Eventually, however, Mr. Willan had enough of Mrs. Willan’s behavior. One fall evening, Mrs. Willan engaged in her usual physical and verbal antics to convince Mr. Willan to engage in sexual relations. In the early hours of the morning, desiring sleep, Mr. Willan complied. The next day, he moved out of the marital home.
Mr. Willan subsequently petitioned for a fault divorce for cruelty.
The trial court dismissed Mr. Willan’s petition, concluding that cruelty was established but that Mr. Willan’s relations with Mrs. Willan on his final night at home condoned her conduct, preventing a divorce based on that conduct. Mr. Willan appealed to the England and Wales Court of Appeal.
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