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Sean's Opening Story: Nobody said divorce meant the end of my marriage!

A British woman attempted to sue her former lawyers for professional negligence, claiming that th...
Newstalk
Newstalk

13.26 13 Jan 2014


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Sean's Opening Story:...

Sean's Opening Story: Nobody said divorce meant the end of my marriage!

Newstalk
Newstalk

13.26 13 Jan 2014


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A British woman attempted to sue her former lawyers for professional negligence, claiming that they failed to advise that finalising divorce proceedings would cause her marriage to end.

The mind boggles.

Jane Mulcahy had other allegations against her former legal team but it was this point that stood out in court proceedings.

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Jane Mulcahy had argued that the lawyers should have made it clear that a divorce would cause her marriage to be terminated - something which she apparently wanted to avoid.

The lawyers failed to regard her Roman Catholic faith and should have recommended judicial separation - a step down from full divorce - as an alternative course of action, she claims.

The judge prosiding, 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.”

The case was dismissed.


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