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He wants me to do new Divorce petition

  • twinks
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18 Feb 08 #14297 by twinks
Topic started by twinks
Papers arrived on saturday. I filed for UB. He did sign them but has asked me to get new papers nd we will sit down and do them nicely.

I dont want anymore fights, but surely I cant do new papers, if so is it another £300

Is he doing this for other reasons

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18 Feb 08 #14299 by mike62
Reply from mike62
Twinks,
From a male perspective, my wife put down some very nasty UB reasons, which had very little truth in them. They were very hurtful and designed to be a stab at me. I wouldn't sign.

If changing your reasons to something more palatable gets his signature on the papers and gets you your divorce, then do it. It won't be another £300 to amend the petition.

Best of luck,

Mike

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18 Feb 08 #14318 by twinks
Reply from twinks
Thanks Mike

He has already signed though. I thought that maybe he thinks that if i say nice reasons that he wont have to pay as much. The reasons werent hurtful to him but totally true.

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18 Feb 08 #14321 by attilladahun
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Has he sent in the Acknowledgement of Service agreeing to the divorce?

If so apply for Directions for trial asap!!

If not wait 9 days and go to the Court and apply for an order of deemed service-a letter will suffice- it is not an application on notice

In addition you will write out an affidavit like this:-

IN THE X COUNTY COURT Case No:

BETWEEN:-

A. Wife Petitioner

and

A Husband Respondent


I A Wife of 123 Any Close Anytown RF23 5ED MAKE OATH and say as follows:-

"I am the Petitoner herein and make this affidavit in support of an order of deemed service.

On Monday the 18th February [or whatever date] my Husband received the divorce petition and he filled in the Acknowledgement of Service (AOS) he didn't object to the divorce.

Later in the day he told me he had changed his mind and for some reason he didn't like the Unreasonable Behaviour petition. I think he believes if he delays returning the AOS this will cause me more upset and distress.

In the circumstances I believe the Respondent is "messing about" and as such I wish to avoid delay and therefore seek an order of deemed service so I can proceed without further delay.

I ask the Court to grant the order sought and in the light of that consider granting directions for trial given the affidavit I have sworn in support"

Sworn at
x County Court
this day of February 2008

Affidavit in support of divorce is here:
www.hmcourts-service.gov.uk/courtfinder/forms/d80b_1203.pdf

The application form for directions for trial is here:
www.hmcourts-service.gov.uk/courtfinder/forms/d84_1298.pdf

Take app to Court who will attest you oath for free

Application will attract an £80 fee unless you are on legal aid and fees exempt

First Dim Wit will know is the DJ's certificate will be granted listing the Decree Nisi:)

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19 Feb 08 #14364 by twinks
Reply from twinks
Thanks so much for that. He did sign the papers then after he drove off and talked to his parents he came back and asked me to change it.

I am taking them to the court today by hand. Last night he said can I put it on hold till he sells a property he owns (I have put a charge on this, he doesnt know that yet)

So as the ackowledgment is signed, do I ask for the directions for trial now? And is that a form that I can do and take it with the letter you suggest?

Also had anyone any advice on the kids,son is 8 and hubs and his parents have told him about the divorce etc even though I mde it clear not to. SO he is so upset and hubs is telling him that mummy hasnt sent the divorce papers, this is hurting the kids more and i feel he is using that as emotional blackmail.

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