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Louisa Gothard
Louisa Gothard
Senior Solicitor, Head of Family Law
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DIVORCE:E v E
Date:13 AUG 2012
Law Reporter

(Court of Appeal, Thorpe, Laws LJJ, Sir Stephen Sedley, 8 August 2012)

The wife applied to set aside the decree absolute. The judge had ordered decree nisi to be made absolute once the husband had transferred a number of shares to the wife following financial proceedings.

The wife's legal team in America sent a letter advising her that if the decree was made absolute before the financial appeal she would be severely prejudiced. The wife appealed against the financial order and obtained a stay on the decree absolute.

If the letter had been available to the judge he may well have made a different order. As a matter of principle the appeal should be allowed.