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contesting divorce after deemed service granted

  • mejulie82
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21 Sep 12 #357100 by mejulie82
Topic started by mejulie82
Hi ppl,

My partner has filed for divorce under unreasonable behaviour. His ex tried to get solicitors involved because she does not agree with the dates of seperation or the reasons given. (There are no children or properties/finances involved). My partners legal advisor gave her solicitors many chances and reminders to fax said letter through but they did not. We therefore proceeded to deemed service which has now been granted by the court.

She now is suddenly bringing up this letter again. We are waiting for the Decree Nisi application in the post to send back but i would like to know, does anyone know how much right she has to contest the divorce now that we are at this stage?

Any advice would be gratefully received!

Thank you,

J.

  • LittleMrMike
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24 Sep 12 #357549 by LittleMrMike
Reply from LittleMrMike
I see you haven''t had a reply. So I will try.

Well, if your ex is bringing up the letter now, at least it proves she had it.

I suppose it should be possible, in theory, for her to change her mind about defending at this late stage, but I am pretty sure her solicitors would try and talk her out of the idea. For a start she has to explain the delay.

The number of defended divorces in this country is miniscule.

LMM

  • Serendipity100
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24 Sep 12 #357557 by Serendipity100
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Julie - seems to me, you are not awaiting pronouncment of Nisi- the Petitioner and Resp will have got or will be getting D80b form now D8 has been deemed served. As LMM just said, low % of contested divorce (costs!) especially under UB grounds. Practical help - 7-10 days - for your partner to have got D80b. Maybe longer time-scale, since you are using a ''legal advisor'' whatever this term means... hopefully though, solicitor for wife, will make her see the futility.

Read previous posts - R may not agree to UB reasons, and there is standard phrasing, avavailable on this site, but signs it anyway. I suggest you do some research on this excellent site pertaining to your situation as partner of divorcing parties.

Hope this helped in the interim.

  • mejulie82
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24 Sep 12 #357645 by mejulie82
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Thanks for the reply - we have now heard from the defendants solicitors - she is contesting the divorce due to the dates of separation and the reasons given.

Due to using a simple online divorce co. we now have to see a solicitor to seek advice at further costs. Can anyone tell me how likely it is that this will go to court given that the reasons are so benign?? There are no children or properties/finances involved. And on top of this she took so long to defend the divorce, surely this is in my partners favour?!

The only reason she wants to change the dates is because she is using the marriage to stay in the country. The marriage was for that reason in the first place. My partner and the defendant never lived together but were dating on and off (very long story, lots of guilt involved and my partner wanting to help her out).

She persuaded him to get his name put on her bank account once they were married so that if anyone questionned the divorce it would look genuine so she will have one document with their nme on the same address, but she otherwise has no proof that they ever lived together. My partner put the separation date as six months after the marriage whereas she would like to say it was 1.5 yrs later for visa reasons. Can anyone tell me what is likely to happen next? Thank you for any advice.

  • LittleMrMike
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24 Sep 12 #357690 by LittleMrMike
Reply from LittleMrMike
Can you tell me :

1. What are the grounds rel;ied in your petition?
2. Has the defendant indicated that he intends to defend the Petition ?
3. Has an answer been filed ?

LMM

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24 Sep 12 #357693 by mejulie82
Reply from mejulie82
1.Grounds are for unreasonable behaviour.

2.she has sent an answer saying she wishes to contest because she does not agree with A) the dates of seperation and B)the reasons.

3. Yes the above anwser has been filed.

she is simply doing this because she needs the date to be later for her visa application. there would be no other reason. they never lived as man and wife so my partner is not willing to change this. she is also not happy with the reason but then no one likes negative comments about their character!

Can you advise me of what is likely to happen from here? is this likely to go to court in your opinion?

Thank you.

  • Yummy_Mummy
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24 Sep 12 #357721 by Yummy_Mummy
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It depends what replies are given when a person contests. A person can contest right till the very end and can change their mind.

If there are no finances and children involved and it is a Clean Break, divorce will be granted; it is unlikely for it to go to Court but then again if there is an issue rearding visa, Court may want to look into it depends if you are really that bothered.
What has your solicitor indicated?

Personally I doubt it will go to Court again as the issue is only about a date and you both still want to get divorced to each other especially as it is so close to Nisi.

Hope this helps a bit.

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