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Petitioner delaying proceedings.

  • andylow
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28 Jun 12 #339623 by andylow
Topic started by andylow
My ex started divorce proceedings and filed her Petition with the courts in July 2010. When she applied for Decree Nisi the district judge would not grant it based on the fact that he wanted further details and clarification regarding the statement of arrangements. The district judge wrote and asked for clarification on 20th June 2011. My ex still has not responded to this and it appears she has no intention of moving forward with the divorce as she knows I wish for the divorce to be dealt with promptly. I now have a new partner and want to move on with my life. I have been told that I cannot apply for the decree nisi as I am the respondent and I cannot file my own petition as hers is still regarded as active unless she withdraws the Petition. What can I do to move things forward?

  • LittleMrMike
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28 Jun 12 #339630 by LittleMrMike
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I think your options may be twofold.

Generally in litigation, where a writ or other legal proceedings have been commenced and the person who issues the writ then sits on it and does nothing to progress it, there will come a time when the other side can apply to have the proceedings struck out.

Or it may sometimes be possible to cross Petition. However such cross petitions are rare for the severely practical reason that it implies that both parties want a divorce, but perhaps for different reasons ; one spouse may allege unreasonable behaviour and the other may wish to allege adultery.

I''m sorry but I can''t answer without the relevant rules to hand and you will probably need professional advice. Certainly, she can''t '' sit on it '' for ever like a mother bird sitting on her eggs.

LMM

  • dukey
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28 Jun 12 #339651 by dukey
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Mike is of course quite right, in family proceedings you as respondent can apply to have the application dismissed "for want of prosecution" i would think given the delay without action now may be the time to act, i again agree with Mike you need to speak to a solicitor, its not really a job for a lay person.

  • andylow
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28 Jun 12 #339653 by andylow
Reply from andylow
Thanks for your reply.
I don''t think I can cross Petition, she has filed on unreasonable behaviour. On the Acknowledgement of Service, initially I stated that I would be contesting the particulars. I have since stated that I will not contest them but will reserve the right to, should she raise them in the future.

Is it possible to apply to the court to have her Petition thrown out based on the fact that she is not and has no intention of moving forward?
If so how would I go about this?

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28 Jun 12 #339654 by dukey
Reply from dukey
Erm yes that`s what the dismissal for want of prosecution bit is, its a legal way of saying this person will not complete the application they started.

If you hope to do this yourself, which i don`t think is that wise, but if you do you need to file form D11 with court and pay £90 to get some time in front of a judge, if your lucky the other side wont turn up and the judge will allow you to make your own application, because there is no Nisi the judge can`t help if the application as it stands.

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28 Jun 12 #339657 by andylow
Reply from andylow
Thanks Dukey.
Your message came through As I was tying my response. Thanks for your help. I''ll look into this "for want of prosecution."

I also think that I may have a problem regarding sorting the finances. Her solicitor will not discuss any matters with me. He has stated that my ex will only discuss financial matters and a Clean Break consent once I have returned items of hers she claims I still have.
I have asked for a list of the items but she will not give me one and has said that I need to speak to a solicitor who represented me in child proceedings in 2010 as a list was sent to them, to find out why was on the list that has not been returned.
According to a third party, it is a set of kitchen knives that were thrown out some time ago. I ahv tried to discuss the matter to state if I would replace any items within reason that she feels she wants and I no longer have, to avoid further delay and argument. She still has yet to state what she wants.
There were no assets from the marriage and we were married for less than 8 months before she left.
I have a feeling that even if I can have her Petition thrown out and petition myself, she will delay the Decree Absolute based on the fact at the financial matters are not resolved.

Can I ask the court to grant Clean Break without her agreeing?

I intend to marry in 2013 and think that she is doing her way to prevent this by dragging the whole thing out. It''s already gone on for two years!

  • Tets
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28 Jun 12 #339658 by Tets
Reply from Tets
Your going to need a Decree Nisi before you can proceed with financial matters.
Once you have the nisi you can make an application for Ancillary Relief the court will then set the timetable for the exchange of financial details.

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