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Rescission of decree nisi where the parties have reconciled (RN v DA)

Published on: 17 January 2024
Published by a LexisNexis Family expert
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Article summary

Family analysis: This case concerned applications by each of the parties to divorce proceedings regarding a decree nisi which had been made in 2012. The wife applied to have the decree nisi rescinded and the husband applied to have it made absolute. The court found that as a result of the parties’ reconciliation and their actions and conduct towards each other since decree nisi, there had been a material change of circumstances which invalidated the fundamental assumption upon which the decree nisi was made. It could not be said that the marriage had broken down irretrievably nor that it was unreasonable to expect the petitioner to live with the respondent. Further, the fact that the parties had lived together since decree nisi and the delay in applying for decree absolute were factors to be taken into account on the exercise of judicial discretion in deciding whether to grant decree absolute. The court therefore rescinded the decree nisi and refused the...

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