Preston v Preston - [1955] NZLR 1251

Divorce and Matrimonial Causes — Agreement between Spouses, in Settlement of Action brought by Wife against Husband for Moneys due to Her, containing Agreement by Her to pay Husband Annuity for Life and Agreement for Separation — Parties subsequently Divorced — Application by Former Wife for Variation by Cancellation of Financial Provisions — Power to vary only where Continuance of Settlement rendered Unjust by Divorce or Conduct occasioning Divorce — Circumstances to be considered — Principles applicable — Variation not ordered — Divorce and Matrimonial Causes Act, 1928, s 37.

Practice — Appeals to Court of Appeal — Power to overrule Previous Decisions of that Court — Whether Desirability of maintaining Uniform State of Law throughout Commonwealth justifies Extension of Principles enunciated by the English Court of Appeal in Respect of Applications for Variation, after Divorce, of Settlements between Spouses.