Family Law Hub

Divorce Procedure

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  • The Bill makes important changes to the legal process for married couples to obtain a divorce, for civil partners to dissolve their civil partnership, or for obtaining a judicial separation. News, 09/01/2020, free
  • Divorcing couples will no longer have to blame one another for the breakdown of their marriage as a Bill that seeks to reduce family conflict enters Parliament today (7 January 2020). News, 08/01/2020, free
  • The case concerned an application by the husband to set aside: a) an order for deemed service of a divorce petition; b) all orders which stemmed from that petition (certificate of entitlement, decree nisi, decree absolute). The question for the court was: did the alleged procedural errors in service render the orders void or voidable? The court concluded that: a) under the Family Procedure Rules (“FPR”) the alleged errors in service would not necessarily render these orders void; b) when considering the prejudice to both parties, this was not a case where the orders were void; d) if the orders were voidable the court would not exercise its discretion and set aside the orders. The husband’s application was dismissed. News, 13/12/2019, free
  • The husband applied for various orders relating to a divorce to be set aside, including the decree absolute. He challenged the deemed service of the divorce petition. The wife had been granted the divorce in England and then remarried, while the husband had later petitioned for divorce in Scotland. If the earlier divorce was set aside, the husband would retain a right of residence due to the marriage exceeding three years in length. Lieven J DBE held that to the extent that there had been any procedural errors in this case, they did not render the subsequent orders void, and to the extent that they rendered them voidable she declined to exercise her discretion to set them aside. Judgment, 23/10/2019, free
  • The petitioner wished to remarry, but the decree abolute could not be found, by him, or by the court, the files having apparently been destroyed. The former wife was able to find her copy. Mostyn J made a declaration that the former wife's copy was an authentic and accurate copy of a certified copy, and the marriage had indeed been dissolved. Judgment, 01/08/2019, free

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