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Judge refused Nisi - Help please!

  • alicol
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16 Jul 11 #278335 by alicol
Topic started by alicol
Hi Everyone,

New to this forum and hoping someone can give me some advice. Soon-to-be ex husband fully consenting to divorce so no problems there but I've just had a letter this morning to say the Judge has refused the Directions for trial because
1 - the Respondents signatures on the Acknowledgement of Service and the Affidavit do not match; and
2 - asking was the Affidavit sworn or affirmed?

Now I don't know what to do. I have to supply further evidence but what?

My husband suffered a stroke a year ago which affects his writing hand so there's a good chance the signatures weren't exactly the same, how do I go about proving this? And as for whether the Affidavit was sworn or affirmed, well I went to the courthouse and affirmed it in front of a clerk who completed all the witness bits at the bottom so...?

Please help!!!

  • dukey
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16 Jul 11 #278342 by dukey
Reply from dukey
Its a common mistake, when you are asked to confirm the "article" on the affidavit you need to write it as it appears on the AoS, so if he signs J Bloggs write J bloggs and not John Bloggs, its an easy correction then take it back and swear it again.

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