Caselaw Digest
Caselaw Digest

Olga Cazalet v Walid Abu-Zalaf

[2023] EWCA Civ 1065
A couple divorced but got back together for five years. The wife wanted to redo the divorce to get more money based on a longer marriage. The judge said no, but the appeals court said yes because getting back together showed the original divorce was wrong.

Key Facts

  • Olga Cazalet (wife) and Walid Abu-Zalaf (husband) divorced with a decree nisi in November 2013.
  • They had a prenuptial agreement affecting financial provision based on marriage length.
  • They reconciled in November 2014, lasting until March 2020, a fact disputed by the husband.
  • The wife applied to rescind the decree nisi and set aside the financial order, while the husband applied to make the decree absolute.
  • The wife's application aimed to increase financial provision under the prenuptial agreement based on an eight-year marriage.
  • A child was born after the decree nisi and another adopted by the wife during the period of reconciliation

Legal Principles

Court's power to rescind a decree nisi under s.31(6) MFPA 1984 and grant decree absolute under s.9(2) MCA 1973.

Matrimonial and Family Proceedings Act 1984, Matrimonial Causes Act 1973

Test for rescinding a decree nisi: whether a 'new event or material change of circumstances invalidates the basis or fundamental assumption upon which the order was made'.

NP v TP [2022] EWFC 78

Test for granting a decree absolute after reconciliation: whether the inference originally drawn from the facts that the petitioner could not reasonably be expected to live with the respondent is still justified in light of subsequent events.

Savage v Savage [1982] Fam 100

The court should consider whether the marriage had irretrievably broken down, and if a reconciliation occurred, whether the findings at the time of decree nisi are still valid in light of subsequent events.

This case's judgement

In assessing whether a marriage has irretrievably broken down, the court should not focus on the quality of the relationship but on whether the original findings were based on sound evidence and inferences.

This case's judgement

Outcomes

Appeal allowed.

The judge applied the wrong test, focusing on the quality of the relationship rather than objective facts. The court found a reconciliation had occurred, invalidating the original findings.

Decree nisi rescinded.

The reconciliation between the parties negated the original finding that the marriage had irretrievably broken down.

Divorce petition dismissed.

The original grounds for divorce were invalidated by the subsequent reconciliation.

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