RN v DA (divorce - rescission of decree nisi)

RN v DA (divorce - rescission of decree nisi)

There was a material change of circumstances after decree nisi in 2012: the parties reconciled, lived together and shared a common life until March 2013, and thereafter maintained a relationship inconsistent with irretrievable breakdown. The basis for decree nisi was invalidated. The delay in applying for decree absolute, absence of finalised financial arrangements, and parties' conduct further weighed against making the decree absolute. The court declined to make the decree absolute and rescinded the decree nisi. The application to strike out for want of prosecution/abuse of process failed as it was not available under the statutory framework.

Parties
Petitioner: RN; Respondent: DA
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Divorce / Family Law / Judgment After Contested Applications for Decree Absolute, Rescission of Decree Nisi, and Strike Out for Want of Prosecution; Addendum on Costs
Outcome
Decree nisi rescinded; application for decree absolute refused; application to strike out for want of prosecution dismissed; costs awarded to wife (save for strike out application); interim costs payment ordered; interest on litigation loan not recoverable as costs.
Legal Topics
Divorce, Decree Nisi, Decree Absolute, Rescission of Decree Nisi, Financial Remedies, Costs, Delay in Divorce Proceedings, Reconciliation, Abuse of Process
Family Law Divorce Decree Nisi Decree Absolute Rescission of Decree Nisi Financial Remedies Costs Delay in Divorce Proceedings +2 more

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Parties

RN

Petitioner

DA

Respondent

Procedural Posture

Divorce / Family Law / Judgment After Contested Applications for Decree Absolute, Rescission of Decree Nisi, and Strike Out for Want of Prosecution; Addendum on Costs

Legal Issues

  1. 1 Whether the decree nisi pronounced in 2012 should be made absolute or rescinded due to subsequent reconciliation and/or delay
  2. 2 Whether the husband's 2012 petition should be dismissed for want of prosecution/abuse of process
  3. 3 Whether the parties lived together or reconciled after decree nisi

Ratio Decidendi

There was a material change of circumstances after decree nisi in 2012: the parties reconciled, lived together and shared a common life until March 2013, and thereafter maintained a relationship inconsistent with irretrievable breakdown. The basis for decree nisi was invalidated. The delay in applying for decree absolute, absence of finalised financial arrangements, and parties' conduct further weighed against making the decree absolute. The court declined to make the decree absolute and rescinded the decree nisi. The application to strike out for want of prosecution/abuse of process failed as it was not available under the statutory framework.

Court Disposition

Decree nisi rescinded; application for decree absolute refused; application to strike out for want of prosecution dismissed; costs awarded to wife (save for strike out application); interim costs payment ordered; interest on litigation loan not recoverable as costs.

Orders

  • Decree nisi of 18 September 2012 rescinded under s.31F(6) Matrimonial and Family Proceedings Act 1984.
  • Application for decree absolute refused.