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In forceAmended2020 Revised Edition
Contents

Part 10

100A. Rescission of interim judgment in certain circumstances where one party misled by other party

Amended

Last amended by an amending law of 2022.

(1)

This section applies where —

(a)

the court has granted an interim judgment of divorce; and

(b)

the interim judgment is given only on the ground that the marriage has irretrievably broken down under the circumstances mentioned in section 95A(1)(d) or (f) (and under no other circumstances).

(2)

The court may rescind the interim judgment if —

(a)

the court is satisfied that —

(i)

the party who applied for divorce (X) misled (whether intentionally or not) the other party (Y) about any matter; and

(ii)

Y took that matter into account in consenting to the grant of the divorce or agreeing that the marriage has irretrievably broken down, as the case may be; and

(b)

Y has applied for rescission of the interim judgment at any time before the interim judgment is made final.

Part 10A

Amicable Settlement of Disputes

Part 10B

Court’S Power to Set Aside and Prevent Dispositions Intended to Defeat Maintenance Claims or Other Orders in Matrimonial Proceedings

Part 10C

Replacement Because of Death

Part 11

Offences Against Women and Girls

Part 12

Miscellaneous

Schedules