RN v DA (divorce - rescission of decree nisi) [2023] EWFC 255 (B) (30 November 2023)

RN v DA (divorce - rescission of decree nisi) [2023] EWFC 255 (B) (30 November 2023)

The parties reconciled and lived together as a married couple after the decree nisi was pronounced in September 2012, until at least 31 March 2013. This constitutes a material change of circumstances invalidating the basis upon which the decree nisi was made. Accordingly, the decree nisi must be rescinded. The husband's delay in applying for decree absolute does not amount to an abuse of process justifying dismissal for want of prosecution, as the statutory framework does not permit such a strike out in these circumstances.

Citation
[2023] EWFC 255 (B)
Parties
Petitioner: RN; Respondent: DA
Jurisdiction
England and Wales
Judgment Date
30 November 2023
Procedural Posture
Divorce Proceedings Under Matrimonial Causes Act 1973 / Post Decree Nisi Applications: Application for Decree Absolute, Cross Application for Rescission, and Application for Dismissal for Want of Prosecution
Outcome
Decree nisi rescinded; husband's application for decree absolute refused; wife's application for rescission granted; application for dismissal for want of prosecution refused.
Legal Topics
Divorce, Decree Nisi, Decree Absolute, Rescission of Decree Nisi, Abuse of Process, Delay in Divorce Proceedings, Reconciliation, Matrimonial Assets
Family Law Divorce Decree Nisi Decree Absolute Rescission of Decree Nisi Abuse of Process Delay in Divorce Proceedings Reconciliation +1 more

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Parties

RN

Petitioner

DA

Respondent

Procedural Posture

Divorce Proceedings Under Matrimonial Causes Act 1973 / Post Decree Nisi Applications: Application for Decree Absolute, Cross Application for Rescission, and Application for Dismissal for Want of Prosecution

Legal Issues

  1. 1 Whether the decree nisi pronounced in 2012 should be made absolute or rescinded due to alleged reconciliation after decree nisi
  2. 2 Whether the husband's delay in applying for decree absolute constitutes an abuse of process justifying dismissal for want of prosecution

Ratio Decidendi

The parties reconciled and lived together as a married couple after the decree nisi was pronounced in September 2012, until at least 31 March 2013. This constitutes a material change of circumstances invalidating the basis upon which the decree nisi was made. Accordingly, the decree nisi must be rescinded. The husband's delay in applying for decree absolute does not amount to an abuse of process justifying dismissal for want of prosecution, as the statutory framework does not permit such a strike out in these circumstances.

Court Disposition

Decree nisi rescinded; husband's application for decree absolute refused; wife's application for rescission granted; application for dismissal for want of prosecution refused.

Orders

  • The decree nisi pronounced on 18 September 2012 is rescinded.
  • The husband's application for decree absolute is refused.