- Recission (setting aside) of divorce orders in the family court, in relation to divorce and civil partnership after the Divorce, Dissolution and Separation Act 2020.
The facts of Cazalet v Abu-zalaf [2022] EWFC 119 (17 October 2022) by Mr Justice Mostyn are very unusual; but the case recalls the availability of recission (setting aside) of divorce orders in the family court, and that the court may have a residual power to rescind conditional orders where—in a jurisdiction which requires only a unilateral assertion of irretrievable breakdown—a couple have in fact become reconciled. And where the court finds that a couple are reconciled—whatever may have been said as to irretrievable breakdown on the filing of any dissolution application—has the court the power to rescind a conditional order?
Recission will be considered in relation to divorce and civil partnership after the Divorce, Dissolution and Separation Act 2020 (DDSA 2020) which, by amendments to the Matrimonial Causes Act 1973 (MCA 1973) and Civil Partnership
