M v P

M v P

Decrees granted in breach of section 1(2)(d) of the Matrimonial Causes Act 1973 are voidable, not void, where the court had jurisdiction to entertain the petition and another fact existed at the date of the petition; discretion must be exercised to uphold the decrees given the parties' reliance and innocent status; the decree nisi may be varied to reflect the amended petition.

Parties
Petitioner: M; Respondent: P; Intervener: The Queen’s Proctor
Jurisdiction
England and Wales
Judgment Date
22 March 2019
Procedural Posture
Divorce / Application to Set Aside Decree Absolute
Outcome
Application to set aside decrees dismissed; decrees upheld as valid and in force.
Legal Topics
Divorce, Jurisdiction, Procedural Irregularity, Void Vs Voidable Decrees, Amendment of Petition, Legal Aid
Family Law Divorce Jurisdiction Procedural Irregularity Void Vs Voidable Decrees Amendment of Petition Legal Aid

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Parties

M

Petitioner

P

Respondent

The Queen’s Proctor

Intervener

Procedural Posture

Divorce / Application to Set Aside Decree Absolute

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 has power to amend the decree nisi to reflect the amended petition
  3. 3 Whether discretion should be exercised to uphold the decrees given the parties' circumstances

Ratio Decidendi

Decrees granted in breach of section 1(2)(d) of the Matrimonial Causes Act 1973 are voidable, not void, where the court had jurisdiction to entertain the petition and another fact existed at the date of the petition; discretion must be exercised to uphold the decrees given the parties' reliance and innocent status; the decree nisi may be varied to reflect the amended petition.

Court Disposition

Application to set aside decrees dismissed; decrees upheld as valid and in force.

Orders

  • Decree nisi varied under FPR 4.1(6) to reflect amended petition (unreasonable behaviour)
  • Decree absolute remains valid and in force