Family Law Hub

MS v FS [2020] EWFC B9

The husband alleged fraud and sought to set aside a decree absolute and a financial consent order, both from 2011, in proceedings involving what was described as "frankly shambolic and unacceptable case preparation", leading to the loss of a full court day. Mr Recorder Allen QC found as a fact that the husband had been unaware of the divorce and financial proceedings instigated by the wife. Although Mr Recorder Allen QC had made a finding of fraud, the divorce petition was voidable rather than void, and he declined to set it aside in this case. The financial consent order was set aside and the matter would be listed for a new directions hearing.

Judgment, published: 19/03/2020

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Published: 19/03/2020

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