Decree Absolute!

Hi,

I need help with form D11. I have already applied Decree Absolute. The court wants me to provide a notice with evidence. The financial settlement is not done and Form A is not submitted yet.

I am confused on couple of questions on Form D11.

Q3. Attach a draft copy of the order you are applying for? .. .I am applying for decree Absolute which isn''t issued yet, that''s why i am giving application notice- please clear this point.

Q10. What information will you be relying on -a)the attached statement
b)divorce/dissolution/nullity/separation
c)the affidavit in support of divorce/dissolution/nullity/separation
d)the evidence set out in the box below

.....please suggest what do i choose here? provide a copy of nisi? or write some reasons??? not sure on this one at all.!

Please advice.

JJ

Any one please advice !

Any one please advice !

I didn''t fill in the Absolute documents myself as had a solicitor at the time.

Still, you haven''t filled in a form a so how is the court to know whether they should grant an absolute as generally you do not get divorced when there are outstanding issues or if the other party does not agree.

Have you come to a financial settlement or is there nothing to settle?

Well its a short marriage of 10 months, no children, no financial contribution by my stbx and i do not have any pension in place or insurance or any special benefits whatsoever. I have a property which is jointly owned with my business partner. That is the only thing. Financial settlement is still to be started with Form A by the start of next week.

Well we are moving to non fault divorce. That is interesting in itself as there is a judgement which has come from an appellate court which a top family justice, Lord Justice Thorpe presided and confirmed that a man who wanted a divorce after a long and contented marriage was able to divorce without "good grounds" i.e he had no reason for unreasonable behaviour but just didn''t want to be married.

There is a right to be divorced in the UK as it is covered under divorce law - statute.

Also judges have by common law the right to establish what the law is supposed to represent - not therefore to keep people into forced marriage for any circumstance.

At the moment you are supposed to be married for one year before you can Petition for divorce. I think in principle that this is supposed to stop people making rash decisions.

However, I would argue by way of judicial discretion that if a person married for a long time can divorce on non fault dispite his spouse refusing to allow a divorce as he acknowledges that she has done nothing wrong, that you should on the same basis be allowed a divorce before one year has elapsed on the same basis that it is now non fault divorce.

Hope this helps.

Hey,
Thank you but I may have not been too clear to say that I do have the Nisi and have applied for Absolute also. So your wanted to know your views on short marriages and how far it could go, especially when my stbx really want to drag it until the end.