Leake v Goldsmith [2009] EWHC 988 (Fam) (08 May 2009)

Leake v Goldsmith [2009] EWHC 988 (Fam) (08 May 2009)

The decree nisi must be pronounced under the correct case number and petition to avoid any question as to its validity; previous orders made under the wrong number were set aside by consent, and the decree nisi was properly pronounced on the correct petition.

Citation
[2009] EWHC 988 (Fam)
Parties
Petitioner: Julia Charlotte Leake; Respondent: Gary Christopher Goldsmith
Jurisdiction
England and Wales
Judgment Date
08 May 2009
Procedural Posture
Divorce Petition / Pronouncement of Decree Nisi
Outcome
Decree nisi pronounced on the correct petition; previous orders set aside by consent.
Legal Topics
Divorce, Decree Nisi, Procedural Irregularity, Setting Aside Order
Family Law Divorce Decree Nisi Procedural Irregularity Setting Aside Order

Case Brief

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Parties

Julia Charlotte Leake

Petitioner

Gary Christopher Goldsmith

Respondent

Procedural Posture

Divorce Petition / Pronouncement of Decree Nisi

Legal Issues

  1. 1 Whether the decree nisi pronounced under the wrong case number was valid
  2. 2 Whether the case should be re-listed for pronouncement under the correct number

Ratio Decidendi

The decree nisi must be pronounced under the correct case number and petition to avoid any question as to its validity; previous orders made under the wrong number were set aside by consent, and the decree nisi was properly pronounced on the correct petition.

Court Disposition

Decree nisi pronounced on the correct petition; previous orders set aside by consent.

Orders

  • Orders dated 19 December 2008 in FD08D02250 set aside by consent
  • Decree nisi pronounced on the petition dated 30 July 2008 in FD08D03699 as amended