Baron & Others (4 Defective Divorces) [2019] EWFC 26

Sir James Munby upholds the decision of Sir Stephen Brown P in Butler v. Butler, The Queen’s Proctor Intervening [1990] 1 FLR 114 as correct and properly to be followed; where a divorce petition has been issued in breach of section 3(1) MCA 1973, then the petition is null and void and the court has no jurisdiction to entertain it. This defect is not curable by amending the original petition. The court has no power to grant discretionary relief in such circumstances.