Christopher Stirling represented the respondent in an application by his (former) wife to set aside a divorce finalised in 2010.
Following an 8-day hearing in 2021, the Family Court has concluded that the wife’s signature on the acknowledgement of service form had been forged. The decree absolute was set aside.
Background to the application
The couple married in 1978. The husband petitioned for divorce in January 2010.
The final decree was granted in April that year, on the grounds the marriage had irretrievably broken down due to the wife’s unreasonable behaviour.
However, she claimed she had no knowledge of the divorce until she petitioned for judicial separation in December 2019. She alleged:
- the divorce proceeded without any notice to her
- she had not signed the acknowledgment document agreeing not to contest the grounds
The husband denied her allegations and resisted the application to set aside, asserting his wife was fully aware and engaged in the process, and that for cultural reasons they kept the divorce a secret.
Read the judgment in full in Randhawa v Randhawa  EWFC B7 on Bailii