Expert Small Claims Advice

Moving Home Generally it is the duty of the wife ...

Moving Home Generally it is the duty of the wife / partner to live with her husband, so she may be in desertion if she refuses to go with him / her to live in another part of the country, or even abroad. Although the husband has no absolute right to decide where they should live, she must not obstruct him / her unreasonably if the move will enable him / her to get a better job or further his career. Request to Return A husband or wife / partner who has deserted the other can bring the desertion to an end by making a genuine request to return. This may have the effect of turning the tables.

Thus, if a wife / partner , for example, refuses to have her husband back without good reason after he has made an offer to return, the judge may consider that by refusing reconciliation she is in desertion. Making regular payments of maintenance has no effect on desertion.

A husband who refuses to return to live with his wife / partner can be guilty of desertion even though he maintains her and the family. In practice, proof of desertion can be difficult since it invariably involves proving that the other party was acting unreasonably. It may be wiser to rely on the next, much simpler ground of separation (see below).


small claims forms 

Small Claim forms 2014 (downloads)

Stage 2: The defendant's response

If you have delayed issuing proceedings for any reason, you may wish to seek legal advice before issuing your small claim.

{Please note the above forms are copyrighted to HMCS}

Small Claims (UK)
London ROad Guidlford, Surrey GU1 4DQ

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