Source: All England Reporter
Publisher Citation: [2012] All ER (D) 70 (Aug)
Neutral Citation: [2012] EWCA Civ 1293
Court: Court of Appeal, Civil Division

Thorpe, Laws LJJ and Sir Stephen Sedley (Judgment delivered extempore)

Representation James Turner QC (instructed Hughes Fowler Carruthers Ltd) for the wife.
  Martin Pointer QC (instructed by Alexiou Fisher Philipps) for the husband.
Judgment Dates: 8 August 2012


Divorce - Appeal - Decree absolute - President of Family Division making order for decree to be made absolute - Order being stayed pending wife's opinion - Wife subsequently obtaining advice that position would be prejudiced if decree made absolute prior to resolution of ancillary relief proceedings - Whether order should be set aside on basis of fresh evidence.

The Case

Divorce Appeal. The Court of Appeal, Civil Division, allowed the applicant wife's appeal against an order making a decree absolute but exercised its discretion to allow the husband's application for decree absolute subject to conditions.

Practice Areas

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