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UK Wedding News

13/01/2014

Woman Didn't Know Divorce Would End Her Marriage

A woman has tried to sue her former lawyers for professional negligence – because they did not advise her that finalising divorce proceedings would lead to the end of her marriage.

According to The Independent, the woman, who has been named as Jane Mulcahy, made a number of allegations in her case against two solicitors firms. The case has already been rejected, but the details have only now been revealed in the transcript of a later appeal made by Ms Mulcahy.

The claimant had argued that her lawyers should have made it vitally clear that a divorce would result in the termination of her marriage, which was something she wanted to avoid. She said the lawyers had not taken her Roman Catholic faith into account and as a result, should have recommended a judicial separation as an alternative.

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In the judgement, which was made last month, Lord Justice Briggs is quoted as saying: "The most striking of Mrs Mulcahy's many allegations of negligence against her solicitors was that, having regard to her Roman Catholic faith, Mrs Boots had failed to give her the advice which was requisite in view of her firmly held belief in the sanctity of marriage…

"…either in terms of the alternative of judicial separation, or about the impossibility of pursuing divorce proceedings to a clean break settlement, without thereby inevitably bringing about the final termination of her marriage, which she wished to avoid."

Ms Mulcahy's appeal was subsequently dismissed.

(JP/CD)

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"A woman has tried to sue her former lawyers for professional negligence – because they did not advise her that finalising divorce proceedings would lead to the end of her marriage."