header-logo header-logo

Civil way: 25 May 2018

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

  • 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

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll