Family and Divorce
In the case of Kim v Morris [2012] 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 The husband countered that the reconciliation meant that the decree nisi should be rescinded and that the wife’s petition and subsequent ancillary relief application should be dismissed.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The decree nisi would be rescinded and the petition would be dismissed.
Divorce Solicitors & Lawyers Eastbourne, Hailsham, Polegate, East Sussex
If you would advice on divorce please contact our Family Law Department for a free initial interview on Eastbourne 01323 727321 or Hailsham 01323 841481.
Nicholas Dennis
Alexandra Funnell
Guy Brown
Carolyn Richards
Please note the above is for information purposes only and is intended to be a short summary. It should not be treated as a comprehensive guide and should not be acted on without qualified legal advice.
