Date of Case: 22 April 2020
Case Reference: [2020] 2 FLR 981

Will Tyzack was instructed by the husband in a novel application for rectification of a decree of divorce from the early 1990s, when the divorce was pronounced purporting to dissolve the ‘wrong’ marriage. The parties had gone through two ceremonies of marriage, one in Spain (first) and one in England. The divorce decree had referred to the English marriage, leaving the earlier Spanish marriage technically undissolved. Upon the applicant’s request 25 years later to remedy the situation, the former wife sought substantial financial provision.

The application came before the President, Sir Andrew McFarlane, who allowed the application for rectification.

The case raised an interesting question in relation to the power to rectify a decree of divorce and involved consideration of the case of Thynne v Thynne from the 1950s.

Bailii report: https://www.bailii.org/ew/cases/EWHC/Fam/2020/1116.html