79 divorces stand after court ruling

In a landmark case, the High Court has determined that 79 divorce orders issued due to a computer system error are voidable rather than void. The ruling, delivered by Sir Andrew McFarlane, President of the Family Division, and Her Honour Judge Lynn Roberts, averts severe consequences for individuals who relied on these orders.

The court addressed the concerns of the Lord Chancellor’s lawyers, who argued the orders should stand as voidable, preserving their legal effect. This distinction is significant, as a void order would have meant the divorces were never legally effective.

Claire Yorke 9pictured), partner in the Family team at Mishcon de Reya, highlighted the potential chaos that could have ensued. She noted that 11 individuals had remarried and 17 had financial orders tied to their divorces, all of which could have been invalidated. “The consequences would have been devastating,” she remarked, pointing out the far-reaching implications for estates and other legal matters.

Yorke praised the court’s purposive and proportionate approach, calling it a “practically sensible” resolution. She emphasised that the prohibition on filing for divorce within a year of marriage, while important, did not warrant upending the lives of those affected by this technical error. The court recognised that these applications, though submitted a day early, were not processed until much later, underscoring the minimal impact of the breach.

This decision provides reassurance to those impacted and ensures they can proceed with their lives without facing undue legal or personal hardship.

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