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02 October 2014 / Edward Heaton
Issue: 7624 / Categories: Features , Divorce , Family
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Divorce: who’s to blame

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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

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NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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