header-logo header-logo

02 October 2014 / Edward Heaton
Issue: 7624 / Categories: Features , Divorce , Family
printer mail-detail

Divorce: who’s to blame

heaton_0

A recent appeal court ruling highlights the flaws in a fault-based divorce system, says Ed Heaton

In Price v Price [2014] EWCA Civ 655, the Court of Appeal revisited the issue of when a decree nisi should be set aside. Mrs Price issued a petition for divorce on 14 November 2012, based upon Mr Price’s unreasonable behaviour, specifically his alleged profligacy with money. Mr Price, acting in person, filed an acknowledgement of service, in which he indicated an intention to defend the divorce, but no answer was subsequently received by the court. In the absence of any answer, Mrs Price filed an application for decree nisi on the basis that the divorce was undefended. On 29 January 2013, the court certified that Mrs Price was entitled to a decree and decree nisi was listed for pronouncement on 18 February 2013.

On 14 February 2013, Mr Price applied for the pronouncement to be vacated and for the court’s certificate to be set aside. The pronouncement was adjourned until

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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
back-to-top-scroll