Family and Divorce
In the case of Kim v Morris  the Family Division declined to allow a decree nisi to be made absolute as the couple had reconciled for four years.
The couple married in 2003. In January 2006 the wife petitioned for divorce on the basis of her husband’s adultery. In April the decree nisi was granted. By July the couple had reconciled and went on to live together for another four years. In February 2011 the wife applied for the decree nisi to be made absolute. The husband countered that the reconciliation meant that the decree nisi should be rescinded and that the wife’s petition and subsequent ancillary relief application should be dismissed.
The court declined to make the decree nisi absolute as a period of more than six months cohabitation had passed. This cohabitation demonstrated the basis upon which the decree nisi was initially pronounced was now invalid.
The decree nisi would be rescinded and the petition would be dismissed.