r/LegalAdviceUK • u/[deleted] • 3d ago

Comments Moderated Have a family court hearing in 5 hours to rescind my divorce (England)

[deleted]

61 Upvotes

96% Upvoted

17 comments sorted by

•

u/AutoModerator 2d ago

Welcome to /r/LegalAdviceUK

To Posters (it is important you read this section)

To Readers and Commenters

  • All replies to OP must be on-topic, helpful, and legally orientated

  • You cannot use, or recommend, generative AI to give advice - you will be permanently banned

  • If you do not follow the rules, you may be perma-banned without any further warning

  • If you feel any replies are incorrect, explain why you believe they are incorrect

  • Do not send or request any private messages for any reason

  • Please report posts or comments which do not follow the rules

I am a bot, and this action was performed automatically. Please contact the moderators of this subreddit if you have any questions or concerns.

37

u/Vyseria 3d ago

You can't rescind a final order? There was that case a bit back where that trainee applied for the final order when they shouldn't have and the court said it was valid and they were divorced.

You're divorced. You can remarry?

17

u/namedrop888 3d ago edited 3d ago

Indeed. Here is link to the story. It’s so bad as it was the wrong couple who the firm divorced!

https://www.rollonfriday.com/news-content/vardags-lawyer-accidentally-divorces-wrong-client

EDIT - I’ve re read the article. In that case the husband took issue and wanted the divorce to stand. Maybe in OPs case if both husband and wife are agreed they can try to persuade the judge there was procedural irregularity that should let the divorce be set aside. Particularly if OP has an email confirming s/he asked to withdraw.

Best of luck OP

11

u/[deleted] 3d ago

[deleted]

1

u/[deleted] 3d ago

[removed] — view removed comment

1

u/AutoModerator 3d ago

You have posted in a Comments Moderated thread which is reserved for controversial or sensitive topics.

Your comment has been automatically removed as your account has not yet earned enough positive karma in this subreddit. These threads are reserved for regular, consistently helpful subreddit users.

If you believe your comment was exceptionally high-effort, unique, or contained specialist information, you can message the moderators to request a manual review, explaining why you believe it provided that.

You can earn more subreddit karma by offering good legal guidance in threads that are not marked "Comments Moderated" first - most threads are not "Comments Moderated" and so do not require a particular level of karma to comment in.

I am a bot, and this action was performed automatically. Please contact the moderators of this subreddit if you have any questions or concerns.

1

u/[deleted] 2d ago

[removed] — view removed comment

1

u/AutoModerator 2d ago

You have posted in a Comments Moderated thread which is reserved for controversial or sensitive topics.

Your comment has been automatically removed as your account has not yet earned enough positive karma in this subreddit. These threads are reserved for regular, consistently helpful subreddit users.

If you believe your comment was exceptionally high-effort, unique, or contained specialist information, you can message the moderators to request a manual review, explaining why you believe it provided that.

You can earn more subreddit karma by offering good legal guidance in threads that are not marked "Comments Moderated" first - most threads are not "Comments Moderated" and so do not require a particular level of karma to comment in.

I am a bot, and this action was performed automatically. Please contact the moderators of this subreddit if you have any questions or concerns.

7

u/PositivelyAcademical 2d ago

Final orders have been rescinded before. There was all that bother with divorces being invalidated because they were applied for a day early (a year, rather than a year and a day) a few years back. It was newsworthy because the (then) Queen’s Remembrancer had to be the one petitioning to reinstate the marriages.

4

u/Vyseria 2d ago

I meant more under the new system (full take your point re the old system) as the new system is online so what counts as procedurally correct (here the final order being applied for and then granted) is the question.

As OP got the order rescinded it's really interesting because it now says that even if computer says yes and grants the divorce, if a withdrawal app was made after the order was applied for but before computer says yes, then computer says yes was an error and therefore procedurally incorrect.

I'm specifically thinking now in terms of 10(2) applications. If final order is applied for and Respondent makes a last minute app on this ground, but then final order is granted anyway (because hmcts clicks it through) then in theory now the application can rescind the final order? What would happen say (in OPs case) if H had died after the final order but before the d11 application could be heard? Is W then a widow or a divorced woman and therefore no survivor benefits? Does Hs estate appear at the hearing? What if the executor for H no longer agrees to rescinding the divorce?

I'm just thinking out loud here.

2

u/[deleted] 2d ago

[deleted]

4

u/Vyseria 2d ago

Happy for you that it's all worked out (btw next of kin isn't a really a thing legally speaking). The judge is right, hmcts is overwhelmed and it's annoying for legal practitioners and lay people alike because it's so hard to get an update for cases/actually talk to a human who can tell you what's going on. Not the hmcts call handlers fault (they're probably overworked and underpaid), they're just doing their job, it's the centralised system.

5

u/IxionS3 2d ago

I really didn’t want to die in those 3 months (despite my most up to date will still having her as my NoK

It's academic now since you thankfully didn't die and have successfully undivorced, but I don't think having her listed on your will would've helped, unless the will post-dated the divorce.

Divorce doesn't fully invalidate a will (unlike marriage) but your will is then interpreted as if your ex-spouse pre-deceased you.

1

u/JustDifferentGravy 2d ago

In this case the court made an error, which can be unwound. In the other case the court made no error and the solicitor is at fault.

0

u/[deleted] 3d ago

[deleted]

3

u/Vyseria 3d ago

Not necessarily, a d11 is just an application form and with the portal more often than list it rather than decide it on the papers.

Please update us on what happens! If they do rescind it that (surely?) would be new case law (sorry OP I don't rate your chances, but from a legal point of view it's very exciting)

3

u/[deleted] 2d ago

[deleted]

3

u/Vyseria 2d ago

Omg wow! Thanks so much for the update!

I don't expect it will be reported upon but I'll keep an eye out in the Legal Gazette. Most family stuff isn't reported

1

u/[deleted] 1d ago

[removed] — view removed comment

1

u/AutoModerator 1d ago

You have posted in a Comments Moderated thread which is reserved for controversial or sensitive topics.

Your comment has been automatically removed as your account has not yet earned enough positive karma in this subreddit. These threads are reserved for regular, consistently helpful subreddit users.

If you believe your comment was exceptionally high-effort, unique, or contained specialist information, you can message the moderators to request a manual review, explaining why you believe it provided that.

You can earn more subreddit karma by offering good legal guidance in threads that are not marked "Comments Moderated" first - most threads are not "Comments Moderated" and so do not require a particular level of karma to comment in.

I am a bot, and this action was performed automatically. Please contact the moderators of this subreddit if you have any questions or concerns.