Seiden v Fularon

Seiden v Fularon

The application is dismissed as it is not possible to appeal a decree nisi of nullity after it has been made absolute, and the applicant had time and opportunity to appeal but did not do so. The application is also hopeless due to unexplained delay.

Parties
Applicant: Seiden; Respondent: Fularon
Jurisdiction
England and Wales
Judgment Date
17 December 2008
Procedural Posture
Family Law Nullity/divorce / Application for Permission to Appeal Against Decree Nisi of Nullity
Outcome
Application refused/dismissed
Legal Topics
Nullity of Marriage, Bigamy, Appeals Procedure, Decree Nisi and Absolute
Family Law Nullity of Marriage Bigamy Appeals Procedure Decree Nisi and Absolute

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Parties

Seiden

Applicant

Fularon

Respondent

Procedural Posture

Family Law Nullity/divorce / Application for Permission to Appeal Against Decree Nisi of Nullity

Legal Issues

  1. 1 Whether the applicant can appeal against a decree nisi of nullity after it has been made absolute
  2. 2 Whether the applicant had time and opportunity to appeal the decree nisi
  3. 3 Effect of delay in bringing the appeal

Ratio Decidendi

The application is dismissed as it is not possible to appeal a decree nisi of nullity after it has been made absolute, and the applicant had time and opportunity to appeal but did not do so. The application is also hopeless due to unexplained delay.

Court Disposition

Application refused/dismissed

Orders

  • Application for permission to appeal is dismissed