Colin Mckenzie Curtis v Celia Ann Curtis
| Jurisdiction | Bermuda |
| Judgment Date | 25 August 1989 |
| Date | 1989 |
| Docket Number | DIVORCE JURISDICTION 1986 No. 113 |
| Year | 1989 |
| Court | Supreme Court (Bermuda) |
[1989] Bda LR 62
DIVORCE JURISDICTION 1986 No. 113
In the Supreme Court of Bermuda
Mrs. Marshall for Applicant-Mother
Mr. Williams for Petitioner-Father
The parties were married on the 31st March 1983. Decree Absolute was pronounced on 18th June 1987. The parties never cohabited. There is one child of the family, Alexander by name, who was born on the 24th January 1983 prior to the marriage.
Strange to relate the primary if not the sole purpose of the marriage was to legitimate Alexander.
On the 23rd February 1983 Mrs. Waters, the mother of the applicant/wife, wrote to the husband as follows:
“If you and Celia decide to get married the first thing to do is to agree on a marriage contract. I would suggest the following:
1) Either should be free to get an uncontested divorce at any time.
2) No alimony would be sought. No claim would be made on the father for child support and the mother would have custody. (My emphasis).
3) Neither to claim on the other's estate.”
In addition to the written suggestions of Mrs. Waters in paragraph 2 above, the father asserts that he was given an assurance by her that she would look after the support of the child as long as he went along with their programme for legitimating the child. Notwithstanding the suggestions and assurances from Mrs. Waters, in my judgment the primary responsibility of the parents of the child to maintain and care for the child cannot be thus abrogated.
On 31st March 1983 on the day of the marriage the parties entered into a Pre-Nuptial Agreement wherein it is stated that “the parties have agreed to be married for the primary purpose of legitimating their child Alexander Walsingham Palmer who was born on the 24th day of January 1983.”
By virtue of section 2 of The Legitimacy Act 1933 the above objective was achieved as a result of the marriage.
Immediately after the marriage the parties entered a Separation Agreement agreeing to live separate and apart from each other as from the date of the marriage.
Under the Separation Agreement the sole custody care and control of the child was given to the wife.
Clause 4 thereof reads:
“The husband undertakes to use his best endeavours in general terms to contribute on a voluntary basis to the support and education of the child;”
The language of Clause 4 has given rise to difficulties of interpretation. On the one hand the father of the child contends that all that...
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