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Decree Nisi - what to do if petitioner doesnt appl

  • spoony007
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27 Nov 14 #450192 by spoony007
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Hi guys, any news on this issue? I have now received an Application for a Decree Nisi (I am the Petitioner). I am about to fill the form and return to the court. Does it mean my STBX got the same form? Does he need to signt and return it too? Because if so thet might be a problem - only the Petition took me a year to make him read & sign (although we both did agree on what was in it!):S
Thanks!

  • rubytuesday
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27 Nov 14 #450194 by rubytuesday
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No, only the Petitioner will complete the relevant forms to apply for Nisi., the respondent has no part in the Nisi application, all they will receive is a letter form the Court informing them of the date when the Nisi is to be granted.

  • Flying Owl
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05 Jan 21 #515259 by Flying Owl
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Hi, this seems to be a trend!

My ex has petitioned for divorce 12mths ago. I agreed to let the divorce go ahead but I did not agree with what my ex said about me.

He has a solicitor and I do not.
His solicitor has not applied for the Decree Nisi however has applied to the family court for a financial order. Can a FDA go ahead without a decree nisi?

We are living under the same roof and my ex is not paying a penny towards household bills or our daughters. This cannot be right?

How can I move this forward as the respondent as I need to move on with my life and not paying for my ex to live the life of Riley!!

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05 Jan 21 #515260 by Flying Owl
Reply from Flying Owl
Hi, this seems to be a trend!

My ex has petitioned for divorce 12mths ago. I agreed to let the divorce go ahead but I did not agree with what my ex said about me.

He has a solicitor and I do not.
His solicitor has not applied for the Decree Nisi however has applied to the family court for a financial order. Can a FDA go ahead without a decree nisi?

We are living under the same roof and my ex is not paying a penny towards household bills or our daughters. This cannot be right?

How can I move this forward as the respondent as I need to move on with my life and not paying for my ex to live the life of Riley!!

  • Alfierock
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06 Jan 21 #515267 by Alfierock
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Hello!

In my experience the petitioner would not apply for Nisi. My solicitor sent her 4 letters asking for her to apply. After 1 year 6 months of asking her, my only choice was to apply for my own divorce petition, (meaning I paid another £550 as I already paid my wife back for her original petition!!!)
She then defended my petition saying she has he own and was just about to apply for Nisi (LOL)
Luckily she didn’t complete the defense as she didn’t want to spend the money to do so, it just meant she could hold it up for another 3 weeks.
Luckily the judge let mine go throw and I was able to apply for Nisi.
If you’re the respondent you really don’t have any rights or input at the Nisi stage it would seem.

Financial proceedings can’t start until Decree Nisi has been given.
Honestly you don’t need a solicitor until the financial stage you can do it all online yourself.

Good luck all x

  • .Charles
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07 Jan 21 #515272 by .Charles
Reply from .Charles
You can apply to have the petition dismissed for want of prosecution. You can at least indicate to the petitioner that will be your course of action - it might spur them into action.

Charles

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