Williams v Williams

A final order of divorce made with procedural regularity and by solicitors with apparent authority cannot be set aside on the ground of mistake or lack of actual authority from the applicant. There is no jurisdiction to set aside such an order unless it is void or voidable due to procedural irregularity or fraud. The application to set aside the final order is dismissed.

Parties: Applicant: Mrs Williams; Respondent: Mr Williams
Jurisdiction: England and Wales
Judgment Date: 24 November 2024
Procedural Posture: Family Law Divorce / Application to Set Aside Final Order of Divorce
Outcome: Application dismissed
Legal Topics: Divorce, Final Order, Setting Aside Orders, Procedural Regularity, Jurisdiction

Family Law Divorce Final Order Setting Aside Orders Procedural Regularity Jurisdiction

Case Brief

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 31 Party arguments 2

Parties

Mrs Williams

Applicant

Mr Williams

Respondent

Procedural Posture

Family Law Divorce / Application to Set Aside Final Order of Divorce

Legal Issues

1 Whether a final order of divorce made in circumstances of procedural regularity but without the applicant's actual authority can be set aside
2 Whether the court has jurisdiction to set aside a final order of divorce on grounds of mistake by solicitors

Ratio Decidendi

Court Disposition

Application dismissed

Orders

The Wife's application to set aside the final order made on 3 October 2023 is dismissed.
Any application for costs to be considered initially via email.