W v H

W v H

Where parties have reconciled and cohabited for more than six months after a decree nisi based on adultery, the court is barred from making the decree absolute under s.2(1) MCA 1973. The decree nisi should be rescinded and the petition dismissed, and the applicant cannot supplement the petition post-decree nisi under the 2010 Rules.

Parties
Applicant: W; Respondent: H
Jurisdiction
England and Wales
Judgment Date
02 May 2012
Procedural Posture
Divorce Petition and Ancillary Relief / High Court Judgment on Applications to Make Decree Nisi Absolute, Rescind Decree Nisi, File Supplemental Petition, or Dismiss Petition
Outcome
Decree nisi rescinded; petition dismissed; application to make decree absolute refused; application to supplement petition refused.
Legal Topics
Divorce, Decree Nisi, Decree Absolute, Cohabitation After Decree Nisi, Jurisdiction, Supplemental Petition, Rescission of Decree Nisi, Dismissal of Petition
Family Law Divorce Decree Nisi Decree Absolute Cohabitation After Decree Nisi Jurisdiction Supplemental Petition Rescission of Decree Nisi +1 more

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Parties

W

Applicant

H

Respondent

Procedural Posture

Divorce Petition and Ancillary Relief / High Court Judgment on Applications to Make Decree Nisi Absolute, Rescind Decree Nisi, File Supplemental Petition, or Dismiss Petition

Legal Issues

  1. 1 Whether a decree nisi of divorce should be made absolute after over four years of post-decree reconciliation and cohabitation
  2. 2 Whether the decree nisi should be rescinded
  3. 3 Whether the applicant should be permitted to file a supplemental petition

Ratio Decidendi

Where parties have reconciled and cohabited for more than six months after a decree nisi based on adultery, the court is barred from making the decree absolute under s.2(1) MCA 1973. The decree nisi should be rescinded and the petition dismissed, and the applicant cannot supplement the petition post-decree nisi under the 2010 Rules.

Court Disposition

Decree nisi rescinded; petition dismissed; application to make decree absolute refused; application to supplement petition refused.

Orders

  • Decree nisi rescinded
  • Petition dismissed