SL v SM

SL v SM

The wife has capacity to decide on divorce and conduct proceedings; Part 7 of the Family Procedure Rules is not incompatible with the Human Rights Act; English courts have jurisdiction over the marriage; permission for nullity petition and stay for mediation/legal aid are denied.

Parties
Applicant: SL; Respondent: SM
Jurisdiction
England and Wales
Judgment Date
12 May 2026
Procedural Posture
Divorce / Interlocutory Judgment on Capacity and Procedural Compatibility
Outcome
Applications by the husband are rejected; matter transferred for prompt progression of divorce.
Legal Topics
Mental Capacity, Divorce Proceedings, Jurisdiction, Procedure Compatibility, Nullity Petition
Family Law Human Rights Mental Capacity Divorce Proceedings Jurisdiction Procedure Compatibility Nullity Petition

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Parties

SL

Applicant

SM

Respondent

Procedural Posture

Divorce / Interlocutory Judgment on Capacity and Procedural Compatibility

Legal Issues

  1. 1 whether the wife had capacity to decide on divorce and conduct proceedings
  2. 2 whether Part 7 of the Family Procedure Rules 2010 is incompatible with the Human Rights Act 1998
  3. 3 jurisdiction of English courts over Scottish marriage

Ratio Decidendi

The wife has capacity to decide on divorce and conduct proceedings; Part 7 of the Family Procedure Rules is not incompatible with the Human Rights Act; English courts have jurisdiction over the marriage; permission for nullity petition and stay for mediation/legal aid are denied.

Court Disposition

Applications by the husband are rejected; matter transferred for prompt progression of divorce.

Orders

  • Husband's applications regarding wife's capacity and procedural incompatibility are dismissed.
  • Permission to issue nullity petition is denied.