A recent appeal court ruling highlights the flaws in a fault-based divorce system, says Ed Heaton
In Price v Price [2014] EWCA Civ 655, the Court of Appeal revisited the issue of when a decree nisi should be set aside. Mrs Price issued a petition for divorce on 14 November 2012, based upon Mr Price’s unreasonable behaviour, specifically his alleged profligacy with money. Mr Price, acting in person, filed an acknowledgement of service, in which he indicated an intention to defend the divorce, but no answer was subsequently received by the court. In the absence of any answer, Mrs Price filed an application for decree nisi on the basis that the divorce was undefended. On 29 January 2013, the court certified that Mrs Price was entitled to a decree and decree nisi was listed for pronouncement on 18 February 2013.
On 14 February 2013, Mr Price applied for the pronouncement to be vacated and for the court’s certificate to be set aside. The pronouncement was adjourned until 4 March 2013, with a hearing listed on 28 February 2013. Mr
