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The Courts

Judge Refuses To Ctrl-Z Divorce Order Made By a Misclick (theregister.com) 202

Richard Currie reports via The Register: A simple misclick at a London law firm led to a surprise divorce for an unsuspecting couple. An employee at Vardags, self-described specialists in high-net-worth marital breakdowns, opened the wrong file when applying for a divorce in His Majesty's Courts and Tribunals Service (HMCTS) online portal. With a click more potent than Cupid's arrow, the solicitor "issued a final order of divorce in proceedings between Mrs Williams, the applicant wife, and Mr Williams," court papers [PDF] say.

The digital slip occurred on October 3, and thanks to the system's "now customary speed," as described by Judge Sir Andrew McFarlane, President of the Family Division, marital bonds were finally and totally severed in a mere 21 minutes, less time than most couples spend arguing over what to watch on Netflix. When Vardags realized the blunder two days later, it scrambled to reverse the order. The application was made "without notice to the Husband's solicitors -- the Wife's solicitors considered at the time that this was the correct approach given that the Final Order itself had been made without notice."

In the ensuing legal melee, Mr Williams, previously unaware of his sudden single status, received a letter sent by HMCTS the same day as the accidental divorce, stating that he was no longer married. But it was not until October 11, a week later, that he was formally informed of his bachelorhood by his ex-wife's solicitors. Meanwhile, his solicitors entered the fray, demanding that the case be brought before the President of the Family Division to sort out this matrimonial muddle.

Judge Refuses To Ctrl-Z Divorce Order Made By a Misclick

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  • by Dwedit ( 232252 ) on Tuesday April 16, 2024 @06:29PM (#64399572) Homepage

    I've read through the article several times, and still can't figure out what the intended act was, and what was instead done by accident. It says they "Opened the wrong file" when applying for a divorce. What's the mistake? Are they not trying to divorce?

    • His Majesty's Courts and Tribunals Service (HMCTS) online portal.

      With a click more potent than Cupid's arrow, the solicitor "issued a final order of divorce in proceedings between Mrs Williams, the applicant wife, and Mr Williams,"

      And why is a lawyer the one finalizing the divorce order?
      Shouldn't that power solely lie with the judge (or the judge's staff)?

      • by DeathToBill ( 601486 ) on Tuesday April 16, 2024 @07:03PM (#64399648) Journal

        It does. The article skims over a few salient facts. The couple had applied for divorce and both wanted to be divorced. But the wife was holding out for more money. Before the final order could be granted, both parties had to consent to it. (There are ways of doing divorce without both parties' consent, but they are more complex). So what the lawyers did was to fill out the electronic form on behalf of their client saying, "Yep, all good from our side" - only for the wrong client.

      • by Rinnon ( 1474161 )

        His Majesty's Courts and Tribunals Service (HMCTS) online portal.

        With a click more potent than Cupid's arrow, the solicitor "issued a final order of divorce in proceedings between Mrs Williams, the applicant wife, and Mr Williams,"

        And why is a lawyer the one finalizing the divorce order? Shouldn't that power solely lie with the judge (or the judge's staff)?

        "Issued the final order" means submitted the order to the courts for approval. This is somewhat typical, as many orders are prepared by the lawyers and simply reviewed / signed by the courts; this saves the courts (the public) time and money. It was not "finalized" until the judge actually signed off on it.

      • And why is a lawyer the one finalizing the divorce order?
        Shouldn't that power solely lie with the judge (or the judge's staff)?

        No, judges and courts are required for dispensing rulings on disagreements. Solicitors handle all manner of other agreements (not lawyer, solicitor, they are different).

      • by Lehk228 ( 705449 )
        the wife's attorney submitted the paperwork to the court to finalize the divorce
    • by Firethorn ( 177587 ) on Tuesday April 16, 2024 @06:43PM (#64399596) Homepage Journal

      Lawyer, intending to do work on divorce case A, instead opened divorce case B, and filed the divorce finalization for B, instead of the A they were intending to.

      Both parties were getting divorced, but all the negotiation stuff wasn't completed yet for B.

      Apparently, this has been favorable for the husband, but the lawyer firm that did the bad action is/was representing the wife. So now the husband's lawyers are going "no take backs!"

      The latest judge in this seems to be taking the position that they were trying to get divorced anyways, no need to undo the divorce just to do it again.

    • Yes the party that was mistakenly divorced was applying for a divorce, but still negotiating over details. So they were prematurely divorced.

    • I've read through the article several times, and still can't figure out what the intended act was, and what was instead done by accident. It says they "Opened the wrong file" when applying for a divorce. What's the mistake? Are they not trying to divorce?

      The law firm deals with divorces. After the couple has everything sorted out (who gets what, how much is alimony, etc), then it is submitted. In this case, a couple was still going through the process of splitting assets (or maybe seeing if reconciliation was still possible) when an employee accidentally submitted the case as being finalized.

      I would have thought an in-person session would be required to avoid a fat-fingered mistake like this.

    • by Rinnon ( 1474161 )

      I've read through the article several times, and still can't figure out what the intended act was, and what was instead done by accident. It says they "Opened the wrong file" when applying for a divorce. What's the mistake? Are they not trying to divorce?

      From the ensuing order from the application to set aside the divorce order:

      "The solicitors have explained that the member of staff involved had intended to apply for a final order of divorce for another client, in a different divorce case, but inadvertently opened the electronic case file in ‘Williams v Williams’ and proceeded to apply for a final order in that case."

    • by Zontar_Thing_From_Ve ( 949321 ) on Tuesday April 16, 2024 @07:21PM (#64399698)

      I've read through the article several times, and still can't figure out what the intended act was, and what was instead done by accident. It says they "Opened the wrong file" when applying for a divorce. What's the mistake? Are they not trying to divorce?

      I'm not a lawyer. But I ask my lawyer friends questions all the time so I do know some stuff.

      Another post says that the couple had started a divorce but had not entered into any negotiations. So the article is very unclear, but based on the seemingly weird reactions of the judge and the husband, this seems to be correct - the couple actually was headed for divorce, just not today. The judge gave the wife a hint, that while he isn't going to undo the court ruling because from his perspective the proper procedure was followed and it's not his fault that a dumbass jumped the gun on the forms, she does have the ability to potentially undo the divorce by suing her lawyers instead. My guess is that they won't make that clear to her.

    • A good video on it: https://www.youtube.com/watch?... [youtube.com]

      tl;dr is, law firm had two clients wanting divorces, they accidentally submitted the file for the wrong client indicating the client agreed to the divorce with the terms provided, when the client had not.

      So the husband is elated since the wife was trying to get more favorable terms.

      It sounds like the wife gave the lawyers permission to act on her behalf in court (which is what being a lawyer is) and they accidentally misrepresented her position to the co

      • by AmiMoJo ( 196126 )

        It's not clear where her claim would be though. Obviously the lawyers made a mistake, but under UK law you can't benefit from a mistake. For example, if someone transfers money into your bank account because of a typo, you can't keep it. You must return the money and they can use the courts if you don't.

        So in this case, given that the husband knows it was a mistake, it's not clear that he can refuse to continue negotiating in good faith. If he refuses the ex-wife might be able to start civil proceedings aga

  • judge is right (Score:4, Interesting)

    by Lehk228 ( 705449 ) on Tuesday April 16, 2024 @07:24PM (#64399706) Journal
    the wife's attorney/attorney's E&O insurance is gonna end up eating this one
  • ... either don't get married or choose better partners to avoid said divorce.
    • People change.

      I think the better advice would be to wait until your mid to late 30's to get married.

  • by argStyopa ( 232550 ) on Wednesday April 17, 2024 @07:54AM (#64400762) Journal

    What I read (between the lines, since the actual lines don't fucking explain):

    - they were getting divorced anyway (both the husband and wife have different teams of lawyers)
    - someone at the wife's law firm clicked basically "ok let's call this marriage done" in some online portal
    - the husbands lawyers didn't see anything wrong with that
    - the judge said "okey dokey, you're divorced"
    - the wife's lawyers said "wait! No! We want to undo that"
    - the judge said basically that the court had followed the procedures it was supposed to, and if the wife was angry, she should file against her law firm

    My inference is: very wealthy couple getting a divorce, arguing over how much she should get. Her law firm accidentally said "ok we're satisfied close this case" and his lawyers instantly agree.

    So yeah, her law firm is upset because now not only are they not getting a fat % of the overly optimistic alimony they probably claimed they could get for her, they absolutely are legally exposed to get sued for that full amount themselves.

    The hilarious result would be if his law firm helps her sue them. Even funnier if he pays for it.

    • by hawk ( 1151 )

      the contingency fee sounds unlikely.

      Last I checked, they are only legal *at all* in the US, and a crime in all other Common Law jurisdictions.

      And even in the US, they are illegal in divorces, save in California.

      hawk, esq.

  • This couple should follow Fates freehand

    A divorce is literally a six figure enterprise unwinding the vows of State in US

    Its not paper that binds, right?

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