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D36

  • DiminishedPatience
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8 months 1 week ago #511789 by DiminishedPatience
D36 was created by DiminishedPatience
Hi

I am the petitioner and after consent order granted my solicitor applied for the decree nisi to be made [url=Glossary/General/Absolute.html ]absolute[/url]. This was out of time due to finances and the requisite statement about why and that there had been no reconciliation or baby etc was included. This was received by the court on 8th January 2020. On 12th March my solicitor received a phone call from court stating that I had to sign a new d36 not solicitor due to being out of time.

My questions
1) is this normal/correct and if so should my solicitor have known this?
2) will this duplicate d36 go to bottom of pile again and I have to wait another three months?
3) if this is the case and my solicitor should have known this then do I have to pay for the correspondence she has created in relation to this error.

Three months wait potentially turning into six months for [url=Glossary/General/Absolute.html ]absolute[/url] seems ridiculous.

Thanks.

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  • hadenoughnow
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8 months 1 week ago #511795 by hadenoughnow
Replied by hadenoughnow on topic Re:D36
How long ago was the Decree Nisi?

I think it is standard for you to have to sign the statement to go with an out of time application. It is your personal declaration of truth.

It is not unreasonable for you to say you won't pay for additional correspondence etc resulting from this.

Not sure whether your application will be unduly delayed by this. Is there a particular urgency? If there is you could suggest your solicitor asks the court to deal with it quickly.

Hadenoughnow

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8 months 1 week ago #511803 by DiminishedPatience
Replied by DiminishedPatience on topic Re:D36
Thanks for response.

The nisi was granted January 2018 and the intervening period has be solidly sorting out the finances.

My solicitor never gave me the option of signing - she asked me to give her permission to apply for [url=Glossary/General/Absolute.html ]absolute[/url].

There is an urgency as I am selling house and want to change name before new house purchase.

Thanks.

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8 months 1 week ago #511814 by hadenoughnow
Replied by hadenoughnow on topic Re:D36
There's nothing to stop you changing your name now. :)

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8 months 1 week ago #511816 by DiminishedPatience
Replied by DiminishedPatience on topic Re:D36
Hi

Thanks for response.

My solicitor has asked them to treat as urgent and they've accepted a scanned copy. Then an hour later they said they now needed another signed copy about non-reconciliation and having a baby in the period since the last one in January. Another signed copy scanned so hopefully will be dealt with asap. Just seems unnecessary.

Thanks again.

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