I'm new here and this is my first post.
I filed for divorce from husband in January 2018 on grounds of unreasonable behaviour - infidelity being the main reason. He consented and sent forms back. A Decree Nisi was granted in March 2018. We reconciled later that year and As a result I never applied for the Decree Absolute and also didn't withdraw the application.
I would like to restart proceedings as marriage broke down again and realise I will have to start from scratch and first need to ask for the Decree Nisi to be rescinded.
My question is:
(1) On the D11 form, how do I word question 3? Do I say anything about reconciliation or just simply say the time has lapsed on the Decree Nisi and this petition needs to be withdrawn in order to be able to make a new petition?
(2) I understand my husband has to consent - does he have to write a statement as well or can I just put "by mutual consent...."
Last edit: 28 Jan 21 by Beautiful Lioness. Reason: More details added for clarification
From a cost perspective it is well worth trying to get them to amend the existing petition rather than start again.
There are often long delays in divorce proceedings so 2 years is not that unusual a delay.
To start again you would have to withdraw the old petition and submit a new one with a £550 court fee.
The fee to amend the existing petition is £95.
Thank you for responding.
I have edited the post and added more details for clarification.
I believe as a Decree Nisi was granted I will need to ask for this to be rescinded and cannot amend the petition because we reconciled and also had a baby so the court will very likely ask for me to start again.
Yes you may have to apply for the original petition to be dismissed.
If you apply for a Decree Absolute more than a year after Decree Nisi, you need to explain the delay and state that since the Nisi you have not lived together as man and there are no (further) children born of the marriage. Clearly this is not the case here 😁.
Thanks for replying, I’ve accepted that I’ll need to start again but I’m more requiring help about filling in the form to have it dismissed. If I can just simply put I would like to have the petition dismissed and Decree Nisi Rescinded - or if I have to go into detail. Also if I can write ‘both parties agree’ or ‘by mutual consent’ or if my husband will actually have to write a statement in support as evidence
I thought I like update just in case it helps someone who may find themselves in the same position.
I just went ahead and applied for the Decree Absolute and added a statement that confirmed that although we had a baby I still wanted to go ahead with the divorce. I then listed the reasons why there was a delay - didn’t want to add stress to pregnancy, then Covid etc.
I was allowed to apply for a decree out of time and my absolute was granted at the same time. It took about 9 weeks