Wife is forced to stay married despite divorce application appeal

by | Mar 28, 2017 | 0 comments

Wife is forced to stay married despite divorce application appeal

Last week a wife lost her appeal in the Court of Appeal to overturn a decision that effectively meant that she has to stay married to her husband, despite being separated for several years following the family courts initial refusal to grant a divorce application

She will now have to wait until the 5 year period of separation has elapsed before making a further application to the court.

The crux of this case is that legally speaking the original decision was correct and that the original judge had ‘directed himself correctly in law’.

As far as the original divorce application is concerned they essentially asked for a divorce on the wrong ‘grounds’ of unreasonable behaviour and then failed to meet the criteria of the court.

This highlights two things the need for reform in divorce proceedings and the introduction of no fault divorce.

And the importance of drafting your divorce application correctly.

Put simply if you don’t give the court the right information they can not ‘grant’ your divorce.

We recently wrote a blog post and article for the The Divorce Magazine highlighting the high rejection rate of 50% of divorce applications at the flagship divorce centre for London and the south east. This also highlights the importance of making sure that your divorce application is correctly drafted and that you make sure that you include all the documents that the court requires and more importantly in the correct format.


Louise Hudson:28 February, 2017.

Louise Hudson is head of legal operations at DivorceBox.com

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