Tuesday 16 May 2023
By Appellants Notice filed on 7 November 2022, the Wife (the Applicant and Petitioner below) appeals the order dated 17 October 2022, of Mostyn J sitting in the High Court Family Division
He had two applications before him: the Wife’s application referred to below and the Husband’s application dated 14 January 2022 under s9 (2) Matrimonial Causes Act 1973 seeking to make the decree nisi pronounced on 15 November 2013 absolute.
His order (4) dismissed the Wife’s application dated 15 November 2021 to rescind the decree nisi and to dismiss the divorce petition on 12 September 2013 and set aside the financial order of 5 June 2014.
Issue: correct test to be applied by the Court when considering the rescission of decree nisi. See s9 (1) (b) Matrimonial Causes Act 1973 (MCA) and s31F(6) of the Matrimonial and Family Proceedings Act 1984. The case concerns the provisions of the MCA before the reforms made by the Divorce, Dissolution and Separation Act 2020 took effect on 5 April 2022.