header-logo header-logo

25 May 2018
Issue: 7794 / Categories: Features , Civil way , Procedure & practice
printer mail-detail

Civil way: 25 May 2018

  • Worthless divorces.
  • Witness chat disaster.
  • First-class appeals.
  • Happy tune for whistlers.

FAMILY WAYS

Ooops The FD President issued interim guidance on 23 April 2018 on the procedural path to be followed by judges in relation to dummy decrees. A number of cases have been brought to his attention where decrees nisi and absolute have been granted notwithstanding that divorce petitions have been presented within one year of the marriage or before the expiration of the two year separation period under s 1(2)(d) or (e) of the Matrimonial Causes Act 1973. In the former situation, the decrees are null and void and the defect cannot be cured by petition amendment (and any financial remedy order will surely fall). A remarriage would be invalid and any children born of it would be illegitimate. In the latter case, the President suggests that the same consequences would follow except that ‘it may be possible, if the facts warrant it, to amend the petition to plead one of the grounds set out in ss 1(2)(a)

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll