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02 December 2022 / David Burrows
Issue: 8005 / Categories: Features , Divorce , Family
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Divorce orders: breaking up & making up

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Getting back together? David Burrows examines the setting aside of divorce orders where a couple has reconciled
  • Recission (setting aside) of divorce orders in the family court, in relation to divorce and civil partnership after the Divorce, Dissolution and Separation Act 2020.

The facts of Cazalet v Abu-zalaf [2022] EWFC 119 (17 October 2022) by Mr Justice Mostyn are very unusual; but the case recalls the availability of recission (setting aside) of divorce orders in the family court, and that the court may have a residual power to rescind conditional orders where—in a jurisdiction which requires only a unilateral assertion of irretrievable breakdown—a couple have in fact become reconciled. And where the court finds that a couple are reconciled—whatever may have been said as to irretrievable breakdown on the filing of any dissolution application—has the court the power to rescind a conditional order?

Recission will be considered in relation to divorce and civil partnership after the Divorce, Dissolution and Separation Act 2020 (DDSA 2020) which, by amendments

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