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A man who attempted to get his divorce to his dead wife annulled has been refused appeal permission (27 May 2013)

Date: 27/05/2013
Duncan Lewis, Legal News Solicitors, A man who attempted to get his divorce to his dead wife annulled has been refused appeal permission

In a unique case a man who wanted to annul his divorce to his dead wife for two years has been refused his application by a top judge.

The husband Desmond McIntosh, a carpenter, had claimed that he was not aware that he had signed the divorce papers in 2009 as he was dyslexic and had poor literacy skills which led him to sign the divorce papers that had left him with absolutely no capital after the death of his 71 year old wife in February 2011.

He said he did not realise that his wife had already divorced him while he still cared for her during her final illness. She was suffering with lung cancer and brain tumor.
He told the Appeal Court in London he spent the last two years of her life “caring for her in her dying days” and said he was shocked and appalled to learn after she died that she had ended their marriage in November 2009.
Mr McIntosh, 58, asked Lord Justice Ryder to resurrect his marriage, claiming that his signature on the document which finalised the divorce had been unfairly “procured” by his wife using “undue influence” hence asked the court to set aside the divorce.
The couple was married in 1993 following a Caribbean romance and ran a carpentry business together the court heard.
They lived in Thamesmead for 16 years until her death from lung and brain cancer.
They bought the house for £78,000 in 1993 which was now worth about £350,000, using Jennifer’s capital as a deposit and the property was put in her sole name.
Family lawyer for Mr McIntosh argued that it was agreed between the parties orally that they were to own the property jointly in equal shares.
After a half-day hearing Lord Justice Ryder who was unconvinced, refused Mr McIntosh permission to appeal and would give his reasons at a later date.

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