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

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