Imputing Parliament’s intention as to void or voidable divorce orders (Lord Chancellor v 79 Divorced Couples)

Article summary

Family analysis: This case involved an application by the Lord Chancellor under section 55(1)(c) of the Family Law Act 1986 and the inherent jurisdiction, in 79 divorce cases, for declarations that the marriages no longer existed as of the date the final divorce orders were made. The application was necessary after a glitch in the online court portal allowed the applicants to start an application for a divorce one day earlier than legislation permitted (the relevant time period under section 3 of the Matrimonial Causes Act 1973 (MCA 1973) being not before ‘the expiration of the period of one year from the date of the marriage’). The High Court considered whether the final divorce orders were voidable or void. It was determined that the orders were voidable and, unless any of the 158 individuals involved sought to argue otherwise before the end of January 2025, the orders were legally valid. Vikkie Chetcuti-Gee, associate solicitor at Burgess...