U v W (Matrimonial) (Royal Court : Hearing (Civil) : Daultrey : Matrimonial) [2025] JRC 281 (4 November 2025)

U v W (Matrimonial) (Royal Court : Hearing (Civil) : Daultrey : Matrimonial) [2025] JRC 281 (4 November 2025)

Fraud and procedural irregularity occurred as the respondent was not served and her signature was forged; the fraud did not affect jurisdiction, rendering the decrees voidable. Both parties agree to rescission, and the court exercises discretion to set aside the decrees.

Citation
[2025] JRC 281
Parties
Petitioner: U; Respondent: W
Jurisdiction
Jersey
Judgment Date
04 November 2025
Procedural Posture
Divorce Petition / Application to Rescind Decree Nisi and Decree Absolute
Outcome
Decree nisi and decree absolute set aside; respondent's application granted.
Legal Topics
Divorce, Fraudulent Service, Setting Aside Decrees, Procedural Irregularity
Family Law Divorce Fraudulent Service Setting Aside Decrees Procedural Irregularity

Case Brief

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Parties

U

Petitioner

W

Respondent

Procedural Posture

Divorce Petition / Application to Rescind Decree Nisi and Decree Absolute

Legal Issues

  1. 1 Whether divorce decrees should be set aside due to fraud and lack of service
  2. 2 Whether the decrees are void or voidable
  3. 3 Entitlement to costs and referral to Attorney General

Ratio Decidendi

Fraud and procedural irregularity occurred as the respondent was not served and her signature was forged; the fraud did not affect jurisdiction, rendering the decrees voidable. Both parties agree to rescission, and the court exercises discretion to set aside the decrees.

Court Disposition

Decree nisi and decree absolute set aside; respondent's application granted.

Orders

  • Petitioner to pay respondent's costs on an indemnity basis.
  • No referral to Attorney General.