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Decree Nisi refused

  • kasuku
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26 May 12 #333168 by kasuku
Topic started by kasuku
my wife is the Petitioner in the divorce, on grounds of separation since 2004, the District judge is not satisfied as to the evidence provide by my wife. this has also upset me as i was hoping i could get the Decree Nisi.
the situation is as follows we live in a two bed home with through lounge, 3 kids , eldest boy who is 13 , a and a girl and boy 9yrs, the children and wife have been sleeping in one room , the children have there own bed and the wife sleeps on the folding bed , wife does not work full time has a job as a dinner lady.

i have the other bedroom, work 18.5 hrs per week

the court is requesting evidence of our sleeping arrangements and our finance

i pay all the house hold bills my wife pay for the food and children shopping

The court is asking what practical difference will the divorce make if they cannot afford separate addresses

i want to get out stuck in the rot cracking me up i need help.

its the petitioner who has to respond.

i am concern she will give an inappropriate response and make a mess .

what is the best response that she can make for the Decree Nisi to be approved

please guide me so i can talk this situation through with her

  • LittleMrMike
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27 May 12 #333225 by LittleMrMike
Reply from LittleMrMike
Kasuku, separation, as such, is not a ground for divorce.

I need to know what ground your wife was alleging in the Petition.

Was it (a) desertion or (b) two years'' separation with consent?

You say you have been living together under the same roof for about eight years. Well, I can tell you, that''s pretty unusual. I''ve never come across anything like it - and neither, I suspect, has the Court.

The Court must be satisfied ( amongst other things )

That you are living separate lives under the same roof ;
There must be an intention to bring the marriage permanently to an end ;
The Petitioner ( your wife ) must not consent or agree to the separation ;
The desertion must be continuous ; so that any '' kiss and make up '' periods will start the two years running all over again.

You see the problems, don''t you ? I''m surprised your wife didn''t go for the 5 years separation.

I think your wife chose the wrong grounds to be honest. She could either amend the Petition to include unreasonable behaviour ( which will usually be a factor when a marriage has gone sour ) or you could cross petition on the same grounds ( UB )

I stress, this is an unusual set of circumstances, and I think it would be worth your while to take legal advice from a solicitor with some experience in family law.

LMM

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