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directions for trial refused

  • jacey98
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10 years 8 months ago #186042 by jacey98
directions for trial refused was created by jacey98
hi

i have recieved a letter today stating that my appliction for my decree nisi has been refused. the divorce is on a 2 year seperation where we lived in the smae property for first few months due to house sale.

i put that we lived completley seperate lives but they have asked for more infomation, what do i need to put to get this through as i though seperate meant seperate.

i think i need to ammend and re send the form and pay another 80. but any advice on what they are looking for would be great.

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10 years 8 months ago #186056 by dukey
Replied by dukey on topic Re:directions for trial refused
Hello

Write back they are asking for clarification,

Make clear the only reason you lived under the same roof for to sell the house, you no longer live together and have not spent a night together since separation , your marriage has irrevocably broken down,

While you did live together for a short time after separation in the same house,

You both lived completely separate lives,
You did not sleep in the same bed
Did not cook together
Stored food in separate cupboards
Did not shop together
Did your own washing
Did not eat together

You get the picture, with luck this should satisfy the judge.

Dukey

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10 years 8 months ago #186061 by Shezi
Replied by Shezi on topic Re:directions for trial refused
Hi Jacey

I recently divorced on the same grounds and, like you, I spent the first 13 months of separation in the same house, waiting for it to sell.

I have to say that I didn't have to go to the same lengths as you are being asked to - in effect, the judge took my word for it. However, I had been advised that I could still count that period within the 2 years as long as I could satisfy the court on the points raised by Dukey above. So I guess that, to some extent, is normal. It's just a bonus for me that I didn't have to - but for you I think it's still a relatively straightforward process. Don't be alarmed and just follow Dukey's direction. :)

Shezi

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10 years 8 months ago #186076 by dukey
Replied by dukey on topic Re:directions for trial refused
I`m afraid this highlights one of the inconsistencies of our legal system,

Both Lady's here Shezi and jacey agreed their marriage was at an end and both agreed to wait two years with consent to divorce presumably to make it as amicable and painless as possible and well done to both for doing that.

jacey lived with her husband for a few months of the two year separation and still a judge asks for clarification of the manner of the cohabitation for those few months.

Shezi lived with her husband for 13 months of the two year separation and the judge for her matter accepts the marriage is over and decrees the nisi .

Logic would demand if either of these Lady's be asked to provide more information it would be Miss Shezi who cohabited for just over half of the two year separation .

This shows very well that different judges have different views, a judge will argue that they need to be assured the marriage has irrevocably broken down and cannot be saved so some will ask for further detail, the fact is the aim of divorce is to show that a man and wife should no longer have to live together or have financial ties, surely the fact a man and wife separate and don`t live together is all the indication a judge needs to be sure the marriage has indeed broken down?.

Refusal of nisi on two years separation by agreement is one of my pet hates, can you tell ;)


Dukey

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10 years 8 months ago #186103 by jacey98
Replied by jacey98 on topic Re:directions for trial refused
thank you for all the information i have just spoken to a lady at the court regard to this as really not very happy and she checked with another judge who has said its fine and agreed to put it on the list for the decree nisi!!!!

really does seem to just depend on who you get as to whether it causes you extra stress and more money or not.

having said obviousley i am very happy with this and hopefully now i will be close to it all being over.

any idea how long it might take to get a date once they have agreed it?

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10 years 8 months ago #186106 by dukey
Replied by dukey on topic Re:directions for trial refused
Result!

It can take a few weeks it just depends how busy they are, at least it save some delay though.

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10 years 8 months ago #186157 by Shezi
Replied by Shezi on topic Re:directions for trial refused
Hi again jacey - I petitioned in March 2009, received certificate of entitlement to a decree in June; decree nisi at end of July; Consent order sealed November 09 and decree absolute December 09.

There was some delay (mine, walking around with affidavit in bag for 4 weeks) between filing and permission to divorce - and then some further delay (his and mine) before consent order sealed.

Technically - we could have been done and dusted by September from March.

Hope that helps

Shezi

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