Husband wins right to appeal against divorce ruling

A husband from Reading whose wife divorced him after accusing him of "extravagant spending habits” has won an Appeal Court fight to keep his marriage alive.

During Christmas 2012, the unnamed man was presented with a divorce petition. His wife claims she was tired of his schemes that intended to make money but failed.

According to the Reading Post the wife said the breaking point was when the couple sold their home and her husband transferred the bulk of the money into accounts only in his name. The wife asserts her spouse invested a large sum of their property funds without consulting her.

A decree nisi

In May 2013 the wife filed for, and successfully obtained, a decree nisi from Reading County Court.

A person can apply for a decree nisi if their spouse does not defend their divorce petition. A decree nisi is essentially a document which states that the court does not see any legitimate reason why a couple cannot divorce. If either party does not agree to the divorce, a spouse can still apply for a decree nisi. It does however involve a husband or wife attending a court hearing to discuss the case. At the hearing a judge will decide whether to grant a spouse a decree nisi.

In the case of the couple in Reading, a decree nisi was issued on the grounds that the divorce was uncontested.

However, the case took an unexpected twist when in May this year when Lady Justice Black, a member of the Court of Appeal of England and Wales, allowed the husband's appeal against the divorce order. Lady Justice Black based her decision on the fact the husband "wishes to stay married” and "disputes much of what is set out in the petition.”

The lawyer representing the husband informed the court that he had always wished to contest the divorce and that he denied the purported extravagance with money.

The lawyer also told the court the husband had posted a reply to the court in December 2012 but the Reading County Court had no record of receiving the reply.

In reference to the case, Lady Justice Black said it was "difficult to conclude whether his financial conduct is unreasonable without looking at the whole context.”

The judge has sent the case back to Ready County Court where it will be contested at a hearing. Lady Justice Black has also urged the couple to "attempt to reach an accommodation” opposed to battling it out in court.

Mandatory mediation sessions

An attempt to "reach an accommodation” before heading to the court battlegrounds is the basis of the Children and Families Bill, which came into force in April this year. Under the Children and Families Bill, separating couples will be required to go on a mediation session. It is now compulsory for couples contesting the terms of their divorce in court to consider mediation.

As we stated in an earlier blog, the new legislation is designed to help couple resolve their disputes without having to go to court.

As well as highlighting the contemporary push to help couples resolve their differences out of the court, the case reveals how a decree nisi can be overturned.

Another shocking case involving a decree nisi involved a pensioner being in shock after learning his wife of 30 years had divorced him. According to a report in the Daily Mail, Glenford Warner, a retired teacher, had no idea his wife, who he still shared a house, had divorced him. It was only when Mr Warner received a letter from the family court notifying him that a decree nisi had been granted by a judge in his absence.

From failing to be informed that your spouse is divorcing you until confirmation of a decree nisi turns up on your doorstep, to a decree nisi being overturned by a judge, begs the question: Is a decree nisi worth the paper it is written on?

Let us know your views on decree nisis and the cases highlighted. Also, do you agree with making mediatory a compulsory consideration for divorcing couples?

If you have any issues or concerns about an area of family law, get in touch with Tracey Miller Family Law and one of our divorce and family law specialists will provide you with help and advice.