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Second petition - is this possible?

  • MKW
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01 Jul 12 #340279 by MKW
Topic started by MKW
Please advise whether I can make a second Petition having had my request to rescind the original application and cancel proceedings agreed by the judge and my marriage certificate returned only two weeks ago. My Decree Nisi was issued December 2010, but we had reconciled/separated a couple of times since. I changed my mind at the last minute and cancelled the hearing for the Decree Absolute as we had reconciled again, and know I made a stupid mistake and need to see it through. We get on as "friends" but I can''t forget the past and make it work as a marriage, we''ve been together (off & on)27 years!!

Is it possible to send another Petition, so soon and would a record of the previous application and withdrawal due to reconciliation affect the success of a second one?

Thanks

  • .Charles
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03 Jul 12 #340803 by .Charles
Reply from .Charles
As soon as the original Petition is dismissed it is possible to issue a new Petition.

The new petition will have a new case number and the old Petition, once dismissed, becomes void. The new petition will be unaffected by the old.

Charles

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03 Jul 12 #340912 by MKW
Reply from MKW
I''ve looked at the forms, they''ve all changed since I applied in 2010! The new D8 in part 4 does ask whether there have been any other proceedings even if abandoned without final decision, and also asks about co-habitation since.

I am worried any new application will be refused as we have lived together over 6 months since Decree Nisi was issued which I was told before will mean that I''ve accepted the unreasonable behaviour which the Petition was based on :(

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