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Saturday 11 January 2014

Woman sues solicitors because they 'did not explain that finalising her divorce would terminate her marriage'

A British woman has attempted to sue her former lawyers for professional negligence claiming they failed to properly explain to her that getting a divorce would end her marriage.

Jane Mulcahy claimed that, alongside a number of other allegations, her solicitors failed to advise her that finalising divorce proceedings would officially end her marriage.



The Roman Catholic argued that the lawyers should have clearly explained that a divorce would terminate her marriage.

The woman claims lawyers failed to advise that finalising divorce proceedings would officially end her marriage

She claimed lawyers failed to take into account her faith and should have recommended judicial separation - a step away from full divorce - as an alternative course of action, the Independent reported.

Her claims, which were made against two separate firms of solicitors, had already been rejected by the court, but Ms Mulcahy sunbequently appealed against the dismissal of certain aspects of the case.

Thrown out: Judge Lord Justice Briggs dismissed the case
Thrown out: Judge Lord Justice Briggs dismissed the case


The presiding judge, Lord Justice Briggs said: '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.'
Her case was rejected by the court.


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