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decree nisi question please help

  • dani_cali
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19 Oct 08 #58058 by dani_cali
Topic started by dani_cali
please someone help, my solicitor cant be bothered to reply to me.

ive just got a letter from the court, its a certificate for Decree Nisi to be pronounced in november.

the wording of it, however, troubles me, because as my husband was petitioner, and he made outrageous allegations against me in his particulars which i have not yet had a chance to defend (i was advised, badly, to sign undefended to keep 'costs down') -

the wording says that the court are satisfied that he has 'proven' his allegations! (whoa??)!! one of his allegations was regarding our little son and me being a 'threat' to him.

i am wondering if this is just a standard worded letter/certificate or not? do i need to worry/act on this??

please tell me whether once decree nisi is pronounced is it too late to defend the allegations made in the petition?? at the moment i am thinking to turn up at this court hearing and ask that his petition be dismissed and to cross petition him. even though i didnt defend the petition at the time it was sent me (i was told to 'hurry up and sign else bailiffs would be coming round'), my solicitor at the time still wrote on the response that i did not agree with his allegations and that i reserved the right to challenge them later if necessary. has this gone ignored??

when exactly can i defend these allegations???

he thinks he can use his allegations as some nasty wild card later on to try to gain residency of our son (he has refused to withdraw them even though he has been asked and its been 8 months now since the petition started).

dont know wot to do, but upset, this whole thing, one big nightmare
cheers

  • marriaa
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19 Oct 08 #58067 by marriaa
Reply from marriaa
Hi Dani,
welcome to wiki,
I do not know the answer.I crossed petitioned ,but I do not think it made much difference only that those who starde after me are already divorced.But as a child is concerned I am not sure what the effect could be.Hope someone will come along soon to help.
take care

  • Fiona
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19 Oct 08 #58073 by Fiona
Reply from Fiona
It's just a standard worded letter. The nisi has been granted on the basis you agreed the marriage had broken down but not the allegations. You've admitted nuffin and reserved the right to challenge the allegations should they be raised in future financial or children proceedings.

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