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self representation for pro-announcement of decree

  • befree2013
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05 Sep 12 #354059 by befree2013
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i have objection on certificate of decree of Nisi. i want to file my evidence and documents. i am going to self represent in court. i need advice and how to proceed. i want to bring justice to my self as i cannot afford a solicitor and get decree re announced. what is the right way to show objection on decree of nisi. as i dnt want to defend divorce i just want decree to be re announced. please advice.

  • dukey
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05 Sep 12 #354065 by dukey
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You can''t once the decree is granted, literally it means decree unless, the only way to rescind the decree is by mutual consent, if you wanted to defend then you should have, though it would be pointless and the result is always the same, a divorce.

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05 Sep 12 #354066 by befree2013
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hi,
i am going through the letter it says her if i have objection and want to pro- announce decree i should attended court on so and so date.

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05 Sep 12 #354068 by befree2013
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hi,
i am going through the letter it says her if i have ­object­ion and want to pro- announce decree i should attended court on so and so date.is it pointless to appear i court if court is asking me if i have any objection i should be there?

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06 Sep 12 #354139 by brita44
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Hello
I am new to the forum and have the same question - I have received the divorce Nisi yesterday and it states that the marrige is resolved due to the respondent (myself)unreasonable behaviour. Obviosuly my ex is trumfying now - he said and warned that he will distroy me and he is slowly doing it. I have acknowledged teh divoprce but objected to the reson given and pointed out 5 resons of his unresonaable behaviour. After 5 years of being controlled by and being a victim of emotional and physical abuse I cannot bare that he is ''on top again''. I have photos, police report, victim reports from police (ex has been arrested for domestic abuse). He has moved out after I found out that he has been recording me for the approx 5 months. I was left to look after our then 1 year old daughter and full time job (he currently fights residence order) and truly speaking filing for divorce was not on my mind :-(... I would be gratful ifyou can please advise if there is anything I can do to object to decision and file my own further proofs ( I have prohibited steps order)
Thank you!!!

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06 Sep 12 #354140 by dukey
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When a spouse wants to end the marriage they make an application to court and use one of the five factors that can be used, a form is then sent to the other spouse, D10 acknowledgment of service, at this point you can defend or cross Petition, so deny the marriage has ended, which is pointless or cross Petition and give your own reasons why the marriage broke down, if you both signed the form its over, the divorce will happen.

Most people simply say this is rubbish but i accept the marriage is over when returning the AoS.

All that really matters is the marriage is over, in law it does not matter why or how it ended (most of the time).

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06 Sep 12 #354142 by TBagpuss
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you can only object if the Decree Nisi should not **legally** have been pronounced, e.g . if you had not been served with the papers, or if there was a problem such as the divorce having been issued less than 12 months from the wedding.

If the court has made a costs order you can object to that (although you have to provide notice)

Brita - ignore your ex. He may think he has ''come out on top'' but he has not. You recorded that you did not accept that your behaviour was the cause ofthe marriage breaking down and he cannot use the divorce as evidence agaisnt you in any other procedigns (for instance, if there are children or financial issues)
Tell youself (and him, if you feel you need to and if you will be safe doing so) that he didn''t ''win'' - you decdied that he was not worth the effort of fighting, and you simply wanted rid of him as soon as possible. Tell yourself (and anyone who is rude enough to ask you) that letting him have his own way in issuing the Petition was the easiet way to get rid of him, and wasn''t worth scoring petty points over.

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