In the United Kingdom, 79 couples thought they would be permanently divorced since 2022… This was not the case

In the United Kingdom, seventy-nine divorces were granted irregularly by the country’s courts and are now being reconsidered. A couple of years after turning the page, supposedly separated couples find their marital status suddenly called into question. The facts took place between April and November 2022, but were not formalized and made public until April 2024. These would be administrative irregularities that the British courts were unable to identify, due to a system error.

The error is quite stupid. During the year 2022, the seventy-nine couples concerned filed for divorce on the day of their first wedding anniversary. However, in the United Kingdom, divorce can only be requested after one year of marriage, i.e. one year and one day after the union, reports the daily The Independent. However, these requests were indeed validated at the time. However, the British judicial administrative portal should have prevented this anomaly.

Justice Andrew McFarlane, President of the Family Division of the High Court of England and Wales, deplores the inaction of the responsible courts and tribunals at the time and believes that if they “had they conducted a proper investigation in November 2022, when the matter first came to their attention, it is likely that none, or almost none, of the seventy-nine cases would have resulted in a final order (of divorce).

The opportunity to go back

In certain cases, this tile causes complications administrative and anxiety for separated couples. Individuals today find themselves in a gray area, facing financial and real estate dilemmas with their former partners. “Some have written to the (minister) to express their concern and distress about the situation in which they find themselves”says Andrew McFarlane. He adds: “It is also unclear whether any children have been born whose status might be affected by these court decisions, or whether other rights relating to inheritance or immigration might also be affected.”

In his judgment, Andrew McFarlane explains having succeeded in alerting “most of the 158 people involved” of this delicate situation. The British judge also specifies that the seventy-nine divorce orders are “cancellable and non-zero”meaning the couples are divorced, but they can argue that these procedures are illegal.

In addition, Judge Andrew McFarlane granted separated couples time to contest their separation. If, on the contrary, no request is made, divorces whose procedure was irregular will be made legal at the end of this period. The former couples have until the end of January to contest their divorce proceedings and possibly reunite.

Source: www.slate.fr