10 Feb 2023
The respondent was personally served and chose not to defend; he failed to show substantial grounds that the decree was obtained contrary to the justice of the case; the petitioner proved injuries from the respondent's assault satisfying s11A(2)(b); accordingly the application to set aside the Registrar's certificate and Decree Nisi was dismissed.
3 Mar 2020
Decree nisi granted because the two‑year separation was established and there were no circumstances or conduct making it wrong to dissolve the marriage under s15B; the respondent's insistence on determining ancillary relief first was legally unsupported by s25(1)(a) and did not justify refusing the decree; respondent's financial position did not demonstrate the requisite hardship.
22 May 2019
The wife proved continuous separation from 9 September 2015 such that the parties had lived apart for more than two years before the petition; therefore a decree nisi of divorce is granted on the basis of two-year separation and no further inquiry into the husband's adultery allegation is warranted as it serves no practical purpose to the divorce decree.
22 May 2019
Court found on balance of contemporaneous communications, admissions and conduct that the parties had lived apart continuously from 9 September 2015 for more than two years; therefore decree nisi granted on ground of two-year separation under section 11A(2)(d) MCO; court declined to investigate or grant relief on husband's adultery petition because any inquiry was unnecessary to the divorce and would have no practical effect on ancillary proceedings.
22 May 2019
The wife proved continuous living apart since 9 September 2015 by contemporaneous messages, admissions and conduct establishing an intention not to return; absence of a formal agreement is irrelevant to section 11A(2)(d); therefore decree nisi granted on two-year separation and further inquiry into adultery was unnecessary and refused as it had no practical effect on the divorce or ancillary relief.
26 Sept 2018
The husband knew of the proceedings and chose not to defend; his unexplained delay and failure to file any draft answer meant he did not show substantial grounds to believe the decree nisi would be contrary to the interests of justice; the date of separation dispute did not provide a reasonable prospect of a successful defence because the source of assets, not solely the separation date, was the critical factor in this short, childless marriage; accordingly leave to file out of time was refused and decree nisi granted.
8 Nov 2016
Given undisputed two years separation and irretrievable breakdown of the marriage, the court will grant leave to file a fresh petition and order case management measures (transfer of documents, dispensation of personal service, stay provisions) and make costs orders; there is no requirement to investigate alleged unreasonable behaviour for the purpose of granting a decree nisi under these facts.
28 Oct 2016
Because both parties expressly accepted that the marriage had irretrievably broken down, the court would not undertake a full inquiry into contested allegations of unreasonable behaviour that would not affect the entitlement to a divorce; in exercise of its case‑management powers and in line with policy to dissolve marriages expeditiously, the court granted a decree nisi and refused costs.
26 Nov 2015
Application dismissed because the respondent was aware of proceedings, elected not to defend, then delayed nearly eight months without satisfactory explanation; his draft answer did not disclose a realistic prospect of success or substantial grounds to believe a decree nisi would be contrary to the interests of justice; given prejudice to the petitioner and the child, leave to file out of time is refused and decree nisi hearing restored.
10 Nov 2015
The husband failed to demonstrate that the wife misled him or that material facts justify rescission under sections 15C or 17; the parties had been separated since June 2011 and the decree nisi therefore stands; the husband's summons is dismissed and costs awarded to the wife on an indemnity basis.