*M v P (Queen's Proctor intervening)

Divorce – Decree nisi. The Queen's Proctor applied to set aside a decree nisi granted to the parties by the county court, which had later been made absolute, contending that both decrees were void, by reason of non-compliance with s 1(2)(d) of the Matrimonial Causes Act 1973. The application had been made in circumstances where errors had been made by the court staff and the court, and where the parties had, on the strength of the decrees, remarried. The Family Court ruled that the decrees were voidable (not void), that neither decree would be set aside, with the consequence that the decree absolute remained valid and in force, and that the decree nisi should be varied in accordance with FPR 4.1(6) to reflect an amendment to the divorce petition.

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