“Can a decree absolute [an absolute divorce order] be backdated?”
CASE:
BRIEF FACTS:
- HEB (the Petitioner-Husband) and HEM (the Petitioner-Wife) were granted a decree nisi [is a provisional court order in which the court allows the divorce to move forward but does not legally end their marriage] in their divorce proceedings on 19 June 2000 under the Law Reform (Marriage and Divorce) Act 1976 [“LRA”].
- However, there were no steps taken to make the decree nisi to be absolute [an order that legally dissolves the marriage], and it was only made absolute in January 2025.
- HEB then had entered into his second marriage in 2001, and had children from the said marriage.
- In April 2025, HEB filed an application in the High Court [“HC”] to backdate the Decree Absolute to 8 August 2000 and had sought to retrospectively validate the second marriage, and to regularise the status of his children from the said marriage.
- HEB argued that the decree nisi was not made absolute earlier due to a technical oversight, and attributed it to the negligence of his former solicitors.
- He contended that this oversight is amendable by the Court as per Order 20 Rule 11 of the Rules of Court 2012 [“ROC”].
DECISION OF THE HIGH COURT (“HC”)
- HC dismissed the application, concluding that since neither party had applied for the decree nisi to be made absolute, it cannot be assumed that it will automatically become absolute after three months have elapsed.
- Throughout the duration that the decree nisi was not made absolute, HEB was deemed to remain legally married to HEM, since the decree nisi was not perfected.
- HC held that the decree absolute shall remain dated on January 2025, and the second marriage is considered to be legally null and void.
- HC further held that the failure to make the decree nisi absolute is a substantive omission and to backdate the decree absolute is considered an attempt to validate a marriage that would be otherwise null and void.
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