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Decree Nisi - judge not satisfied - help needed!

  • elusivesoul
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28 Feb 13 #381641 by elusivesoul
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I listed my stbx starting an adulterous relationship as an example of his unreasonable behaviour and I just got my application for a Decree Nisi sent back. It says that as I named the OW, she either has to be added as a co-respondent or removed from the Petition altogether. Now I don''t wish to stir things up further by adding her as a co-respondent.

-Does this mean that I just amend the Petition, i.e. cross out her name on the petition and resubmit for Decree Nisi?
-Or do I rewrite the petition without her name on it?
-Or do I remove the whole paragraph about the adulterous relationship?
-Do I have to fill out 3 copies of the petition again?
-Or god forbid, do I have to start the proceedings from scratch??

Any advise would be grately appreciated!

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28 Feb 13 #381660 by dukey
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Its a classic mistake, you can use unreasonable behaviour or adultery, you cannot have both.

Take out the adultery altogether, what you can say is.........

"The respondent recently started an inappropriate relationship with another woman"

No more than that though.

So amend the application it`ll cost you another £90.

Do you know how to amend?.

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28 Feb 13 #381685 by elusivesoul
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Thank you for your quick reply!

I am currently on income support - do I apply for another fee expemtion?

I am not entirely sure how to amend...

Do I amend the exisiting Petition (just the copy I have?) and rewrite the D80B?

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28 Feb 13 #381687 by dukey
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The ex 160, get it in quick, it ends April 1st, after that fee remission wont exist, from what i`m told they are rejecting them on mass as it is.

You need to write three new D8`s, there is another way but this is easier.

On the top write " Amended application" underline in red ink.

In section six statement of case, write your reasons without adultery, underline all the text i red ink.

You will also have to renew form D84 and pay the fee, or wait and see if you get remission which i doubt very much.

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28 Feb 13 #381693 by elusivesoul
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Thanks so much for taking the time to reply,.
It''s all very confusing to me, so please bear with me.

To clarify:
- I complete a new EX160
- I complete 3 new D8''s (with the ''amended'' heading and the reasons underlined - I assume I can add new reasons?)
- I complete a new D84 (which I submit at the same time as the D8?)
- What about the D8A? I leave it as it is & resubmit with the rest?
- I complete a new D80B and resubmit with the rest?

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28 Feb 13 #381696 by dukey
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Don`t worry, i get confused trying to use a mobile phone never mind family law.


- I complete a new EX160

Yes you do

- I complete 3 new D8''s (with the ''amended'' heading and the reasons underlined - I assume I can add new reasons?)

Its "amended application" underline in red, yes 3 copy`s


- I complete a new D84 (which I submit at the same time as the D8?)

Yes you do,

- What about the D8A? I leave it as it is & resubmit with the rest?

Leave D8a alone, its done

- I complete a new D80B and resubmit with the rest?

No leave it alone that is done.

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28 Feb 13 #381698 by elusivesoul
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Ok, great!
Thank you so much for helping me understand!

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