X v Y

X v Y

The court has jurisdiction to rectify the divorce decree under Rule 4.1(6) of the Family Procedure Rules 2010, as the error was procedural and did not affect the validity of the divorce. The rectification is necessary to ensure the record reflects the true legal marriage dissolved, which was the Spanish marriage of 1993.

Parties
Applicant: Mr X; Respondent: Miss Y
Jurisdiction
England and Wales
Judgment Date
22 April 2020
Procedural Posture
Divorce Rectification Application / Judgment
Outcome
Application granted
Legal Topics
Rectification of Divorce Decree, Jurisdiction of English Courts in Foreign Marriages, Correction of Court Records
Family Law Civil Procedure Rectification of Divorce Decree Jurisdiction of English Courts in Foreign Marriages Correction of Court Records

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Parties

Mr X

Applicant

Miss Y

Respondent

Procedural Posture

Divorce Rectification Application / Judgment

Legal Issues

  1. 1 Whether the court can rectify a divorce decree to reflect the correct marriage date and location
  2. 2 Whether the English court had jurisdiction to dissolve a foreign marriage
  3. 3 Whether the error in the original decree affects the validity of the divorce

Ratio Decidendi

The court has jurisdiction to rectify the divorce decree under Rule 4.1(6) of the Family Procedure Rules 2010, as the error was procedural and did not affect the validity of the divorce. The rectification is necessary to ensure the record reflects the true legal marriage dissolved, which was the Spanish marriage of 1993.

Court Disposition

Application granted

Orders

  • Decree nisi and decree absolute rectified to record the marriage dissolved as the Spanish marriage of 1993