Hoping someone can offer some light at the end of a really tedious tunnel.
I have a Deed of Separation with the Petitioner, and a Waiver, drawn up by a Solicitor, agreed, signed and acted upon (I bought her out of the house and all monies have been paid) two years ago.
This also states that she would petition after two years based on separation, and would not apply for costs.
She has now petitioned for unreasonable behaviour and applied for costs. I don't really care about the reason for divorce, but I am not paying costs when we have already agreed this and finances have bene sorted.
I have written to the court explaining, with copies of the Deed, and a D11 asking the court to take this into consideration. This was sent to her also.
However, SIX months later, she has done no more. She didn't take legal advice for her petition, I think she doesn't know what to do.
She won't respond to any correspondence and hasn't applied for a Decree Nisi.
Any ideas how I can move this forward? I just want the divorce through and the Deed turned into a Consent Order so we can all move on.
The court isn't helping - they are so behind that they are literally replying to correspondence from July now (in October).
A letter sent directly to your stbx''s solicitor If they have one), or your ex directly if not represented, requesting progression of proceedings within 28 days otherwise you will apply to dismiss the Petition with a costs order in your favour should do the trick.
You would need to wait a bare minimum of 6 months - it's more usual to have to wait for 12 months before the respondent can apply to court to dismiss the petiton for "want of prosecution" (meaning the Petitioner has failed to apply for the Decree Nisi), if your application is successful, then you would be free to raise your own divorce petition. You will need to you complete Form D11 (there's a court fee of around £95), in orders sought you write - to dismiss divorce application (case number) for want of prosecution, the applicant made application on (date) but failed to apply for decree Nisi. This then leaves you free to submit your own divorce Petition, meaning you would then be the petitioner and could ensure the divorce itself progresses. Don't forget you would also have to pay the divorce application fee of £592.