Green v. Green, Court of Appeal - Privy Council, May 20, 2003, [2003] UKPC 39

Extract

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Green v. Green, Court of Appeal - Privy Council, May 20, 2003, [2003] UKPC 39

ADVANCE COPY

Privy Council Appeal No. 4 of 2002

Roy Green Appellant

v.

Vivia Green Respondent

FROM

THE COURT OF APPEAL OF JAMAICA

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JUDGMENT OF THE LORDS OF THE JUDICIAL

COMMITTEE OF THE PRIVY COUNCIL,

Delivered the 20th May 2003

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Present at the hearing:-

Lord Nicholls of Birkenhead

Lord Steyn

Lord Hope of Craighead

Lord Millett

Lord Rodger of Earlsferry

[Delivered by Lord Hope of Craighead]

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When the appellant, Roy Green, and the respondent, Vivia Green, first met in 1972 they were each married to someone else. They formed a relationship and in 1973 decided to live together as man and wife. It was not until some years later that they were free to marry each other. The respondent was divorced from her first husband in 1980, but it was not until 1983 that the appellant was divorced from his first wife. In the meantime they had two daughters, Tanya and Teresa, who were born in 1973 and 1975. They were married in 1984, but not long afterwards things changed and their relationship started to deteriorate. In 1987 the appellant left the matrimonial home, and in 1990 the respondent left Jamaica and went to live in the United States of America. Two years later, in November 1992, the appellant commenced proceedings against the respondent in which he sought a declaration that he was entitled to one-half of the equity in the property which had been acquired by the parties during the period of their relationship.

Th...

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