M v P [2019] EWFC 14 (22 March 2019)

M v P [2019] EWFC 14 (22 March 2019)

Decrees of divorce granted in breach of section 1(2)(d) of the Matrimonial Causes Act 1973, where the factual basis (two years' separation) was not met but the court otherwise had jurisdiction, are voidable and not void. The decrees in this case will not be set aside, and the decree absolute remains valid.

Citation
[2019] EWFC 14
Parties
Petitioner: M; Respondent: P; Intervener: The Queen's Proctor
Jurisdiction
England and Wales
Judgment Date
22 March 2019
Procedural Posture
Family Law – Divorce (queen's Proctor Intervention) / Application to Set Aside Decree Absolute and Decree Nisi as Nullities Due to Statutory Non Compliance
Outcome
Application dismissed. Decrees held voidable, not void. Decree absolute remains valid.
Legal Topics
Divorce, Jurisdiction, Statutory Compliance, Void Vs Voidable Decrees, Remarriage, Court Error
Family Law Divorce Jurisdiction Statutory Compliance Void Vs Voidable Decrees Remarriage Court Error

Case Brief

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Parties

M

Petitioner

P

Respondent

The Queen's Proctor

Intervener

Procedural Posture

Family Law – Divorce (queen's Proctor Intervention) / Application to Set Aside Decree Absolute and Decree Nisi as Nullities Due to Statutory Non Compliance

Legal Issues

  1. 1 Whether decrees of divorce granted in breach of section 1(2)(d) of the Matrimonial Causes Act 1973 are void or voidable
  2. 2 Whether the court had jurisdiction to grant the decrees
  3. 3 Whether the decrees should be set aside, impacting subsequent remarriages

Ratio Decidendi

Decrees of divorce granted in breach of section 1(2)(d) of the Matrimonial Causes Act 1973, where the factual basis (two years' separation) was not met but the court otherwise had jurisdiction, are voidable and not void. The decrees in this case will not be set aside, and the decree absolute remains valid.

Court Disposition

Application dismissed. Decrees held voidable, not void. Decree absolute remains valid.

Orders

  • Decree nisi and decree absolute not set aside; both remain valid and in force.
  • No order as to costs.