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Long delay before application for nisi

  • mnf
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19 Aug 12 #350470 by mnf
Topic started by mnf
8 years ago I petitioned my wife for divorce on the grounds of unreasonable behaviour. We got as far as her acknowledging service of the Petition, then, somehow, the whole thing stalled. But we''re now back to going our separate ways, and for the same reasons.

How is the court likely to respond to the process now continuing with an application for Decree Nisi when there has been such a long break? Obviously many factors have changed since 8 years ago - we''ve moved, kids are older (now 19 and 16)and, significantly, it looks like we can actually just about afford to divorce! - and I will explain all of these, including the reasons for the long delay, with my application.

Any advice/suggestions/observations very much appreciated.

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19 Aug 12 #350544 by jonathancj
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It would probably be easier to apply to dismiss the original Petition and file a new one. There will be just too much to explain with an application for Directions for trial. Anyway, the court may have problems finding the file.

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21 Sep 12 #357099 by mnf
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I''ve just received a District Judges Certificate: FPR 2010, r.7.20(2)(a). It says that the District Judge certifies that I, the Petitioner, has sufficiently proved the contents of the Petition on grounds of unreasonable behaviour and I am entitled to a decree of divorce. It orders that the respondent pays half (I think - writing is awful!) of my costs. It recognises that we have one child to whom Section 41 applies but that the court does not need to exercise any powers here. And finally it says that the application has been listed for sometime next week.

Would that suggest that all is fine and there is no reason why the application for Decree Nisi would be turned down at the hearing?

  • dukey
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21 Sep 12 #357124 by dukey
Reply from dukey
What all that goobledy gooke means is.

The judge is allowing the Decree Nisi

The judge is happy with the statement of arrangements for the child.

All is well :)

  • mnf
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21 Sep 12 #357126 by mnf
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It can''t be blocked next week because of the 8 year delay?

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21 Sep 12 #357127 by dukey
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Its a certificate of entitlement, it means the judge will decree the Nisi on the day given in the letter.

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21 Sep 12 #357133 by mnf
Reply from mnf
If I knew how to do a "skipping" emoticon I would put it here. Thanks for the good news!

M

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