Arising from that potentially devastating news, inevitably there will be people who think they are legally divorced but in fact are still married. Worse than that, they may be relying on fictitious orders for financial provision or even have remarried bigamously. That second marriage will be invalid.
How did this happen?
Section 3(1) of the Matrimonial Causes Act 1973 prohibits the issue of a divorce petition to the court within 12 months of the date of the marriage (believe it or not, some people are watching the calendar!). Some petitions were actually accepted, processed by the court administration and did proceed to Decree Absolute in breach of this provision. Those petitions and decrees are null, and void, i.e. treated as if they never existed and so anything dependent on them also falls away.
Sir James has issued guidance about what to do if you believe this may apply to you. Firstly, contact a solicitor who will advise further about referring the matter to a judge to resolve the matter. It may require a new divorce petition and the court will generously waive the fee!
Fortunately, the numbers affected are likely to be quite small. Certainly, our office has not issued any, but if you are concerned, do get in touch with Elizabeth Wyatt. Alternatively, join us on twitter @ACSPrivateCL for our live question and answer session on 18 May at 13:00-14:00.
With lockdown restrictions further lifting on 4 July, charities have a lot to think about.
We have advised a number of families, alongside Ms Ockenden’s review, in relation to concerns as to the care and treatment provided by maternity services at Shrewsbury and Telford Hospitals Trust.
On 25 June 2020, the Charity Commission issued a regulatory alert to all leaders of large or complex service-providing charities.
The online divorce system is a fantastic facility available to both legal professionals and litigants in person.
The Government has confirmed that the eviction ban/possession stay will definitely end on the 23 August 2020.
AGM season will soon be upon us. One of the many challenges social distancing measures has presented is how to hold AGMs and other General Meetings.
The MHCLG has published its review into the risks of fraud and corruption in local government procurement.
On 24 April 2020, the Fire Brigade Union, supported by the prison staff union (POA), public services union PCS and the GMB, filed court proceedings against the Government.
Procurement Policy Note (PPN) 05/20 announced the Government’s update of its “Outsourcing Playbook”.
Last week saw a significant easing of social distancing measures in England from 4 July”.
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