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Time Bar- Limitation period in divorce matters

  • shahen75@yahoo.com
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2 months 2 weeks ago #512175 by shahen75@yahoo.com
Time Bar- Limitation period in divorce matters was created by shahen75@yahoo.com
is there any limitation period in Divorce matter? I mean can an application for Decree Nisi be barred for lapse of time, because the divorce petition was issued a long time ago and there was no activity for either side since then? Would that petition be struck out for non-activities, if it does after how long? My situation is: I am separated from my wife since 2009. she first applied for divorce in 2010 and the court issued a petition in 2010. The matter was then discontinued by her (discontinued means no activities took place since then). She again applied in 2015 and the family court issued a new petition in 2015. I did not bother to return the acknowledgement. This matter was not further pursued by the petitioner, hence discontinued. what would be the position of those petitions where my wife was the petitioner? would those petitions be struck out due to time bar? Can I apply to issue for a new divorce petition? PLEASE HELP.

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  • .Charles
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2 months 2 weeks ago #512177 by .Charles
Replied by .Charles on topic Time Bar- Limitation period in divorce matters
If a second petition was issued, the first must have been dismissed or the court lost all the records and assumed that no first petition existed.

If there is record of the second petition, and it wasn't dismissed the petitioner can continue where they left off.

In some courts, due to lack of storage, they destroy records after a certain period and in the absence of any records a new petition will have to be issued. However, the computer system is likely to have a case number if nothing else which may complicate matters.

Rest assured, in the absence of any records, the Court Service will happily accept a court fee of £550 to issue a third petition if it helps matters along.

Charles

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  • hadenoughnow
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2 months 1 week ago #512216 by hadenoughnow
Replied by hadenoughnow on topic Time Bar- Limitation period in divorce matters
If you now wish to petitbion and there is an existing petition from your wife that has not been progressed, you may need to check if it has to be formally dismissed before you can proceed.

Hadenoughnow

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