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Decree Nisi stopped and taken to local court

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Kenpoguy
Posted by
Junior Member

18 Dec 17 #498163 by Kenpoguy

Topic started by Kenpoguy

Good afternoon all. My wife and myself decided to get divorced. To save costs I used an online provider. We completed the paperwork together and I posted off the signed forms.
The Decree Nisi was awarded but then my wife appointed a solicitor and stated that she had no idea that the divorce was happening?
It is now due to go to court on the 18th January 2018. Should I be worried about this, do I have to attend?

I really do not know the best course of action now. Any advice would be gratefully recieved.

With kind regards,

Paul

Joshua Russell
New Member

18 Dec 17 #498167 by Joshua Russell

Reply from Joshua Russell

Good afternoon Paul,

It does seem strange that the Decree Nisi was granted but you now have to go to court on the 18th. Was it definitely the Decree Nisi you received or was it the Certificate of Entitlement, listing a date for Decree Nisi to be granted?

If there is ever a hearing listed, it is worthwhile attending. Failure to attend can result in an order being made in your absence which you are then held to.

It may be that the date in January is fixed to address the issue of costs. Did you make a claim for costs as part of your petition? If so, did your wife accept liability for costs?

Joshua

Kenpoguy
Posted by
Junior Member

19 Dec 17 #498183 by Kenpoguy

Reply from Kenpoguy

Hi Joshua, many thanks for your reply.

To clarify, the paperwork was completed for an online service. This was completed and agreed with my wife. Even down to the statement of truth!
The Nisi was granted on the 4th December but my wife's new solicitor instructed an action to stop the issue and redirect to our local court for hearing. The hearing has a set time of 15 minutes? I think my wife is trying to play the "I didn't know what I was signing" card. I have email correspondence which gives updates as to how the divorce was proceeding.
It's all very strange. Either she wants to get divorced or she doesn't. After the black eye that she gave me I think she definitely does.
I guess that the only outcomes will be a yes, granted or no, delayed? I have already paid for the divorce. If delayed, will I incur costs?
I have written to the court and asked if I can supply the email evidence before the hearing.

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