Q&As

What is the impact on appeal proceedings in relation to a final financial remedy order where decree absolute has not yet been pronounced and one of the parties dies?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 18/07/2019

The following Family Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • What is the impact on appeal proceedings in relation to a final financial remedy order where decree absolute has not yet been pronounced and one of the parties dies?

The court has the power to make final orders in financial remedy proceedings on the pronouncement of decree absolute. Other than certain interim orders, this case is made clear by section 23(5) of the Matrimonial Causes Act 1973 (MCA 1973), which provides that where an order is made under MCA 1973, s 23(1)(a), (b) or (c) on or after granting a decree of divorce or nullity of marriage, neither the order nor any settlement made in pursuance of the order shall take effect unless the decree has been made absolute. This was made clear in the case of McMinn v McMinn, in which Black J (as she then was) made clear that MCA 1973, s 23(5) meant precisely what it said. The effect of death p

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