Paul Mertens, instructed by T G Baynes, acted in Charles Labeja v The Estate of Shatochina Raisa Labeja & Anor [2026] EWFC 53 (B), which considered an application to set aside a Decree Absolute and clarified how the Family Court will deal with amending a Decree Absolute many years after it was granted, alongside a further Judgment on indemnity costs.

In a detailed Judgment delivered by His Honour Judge Farquhar, the Court confirmed:

  • Its power to correct errors in a Decree Absolute relating to names and dates, relying on FPR 4.1(6) and established authority.
  • The high threshold for setting aside a Decree Absolute on grounds of fraud or procedural irregularity.
  • The paramount importance of finality in matrimonial proceedings.
  • The award of indemnity costs in light of the Applicant’s conduct.

This is a significant decision with practical implications for future applications involving the set aside or correction of long‑standing Final Divorce orders. The Court also directed publication of the Judgment, recognising that cases involving these issues are exceptionally rare and of substantial public and legal interest.

The T G Baynes litigation team comprised:

  • Teresa Johnston, Head of Litigation;
  • Rachel Lobo, Solicitor.

In their press release, T G Baynes praised Paul for his “invaluable” advice and representation on the complex grey areas of jurisdiction, fraud, and procedural irregularity.

The link to the judgment is here.