Afshar v Lomas [2002] EWCA Civ 1381 (25 July 2002)

Afshar v Lomas [2002] EWCA Civ 1381 (25 July 2002)

The court has no jurisdiction to set aside a decree absolute of divorce in these circumstances, and the applicant, having not appealed the decree nisi in time, cannot now challenge the decree absolute.

Citation
[2002] EWCA Civ 1381
Parties
Petitioner/respondent: Banafsheh Houshmand Afshar (formerly Lomas); Respondent/applicant: Peter Ian Lomas
Jurisdiction
England and Wales
Judgment Date
25 July 2002
Procedural Posture
Divorce Appeal / Application for Permission to Appeal Order Dismissing Application to Set Aside Decree Absolute
Outcome
application for permission to appeal dismissed
Legal Topics
Divorce, Decree Nisi, Decree Absolute, Jurisdiction, Appeals
Family Law Divorce Decree Nisi Decree Absolute Jurisdiction Appeals

Case Brief

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Parties

Banafsheh Houshmand Afshar (formerly Lomas)

Petitioner/respondent

Peter Ian Lomas

Respondent/applicant

Procedural Posture

Divorce Appeal / Application for Permission to Appeal Order Dismissing Application to Set Aside Decree Absolute

Legal Issues

  1. 1 Whether the court has jurisdiction to set aside a decree absolute of divorce
  2. 2 Whether permission to appeal should be granted to challenge the decree absolute nearly two years after it was made

Ratio Decidendi

The court has no jurisdiction to set aside a decree absolute of divorce in these circumstances, and the applicant, having not appealed the decree nisi in time, cannot now challenge the decree absolute.

Court Disposition

application for permission to appeal dismissed

Orders

  • application for permission to appeal dismissed