Hi there. I am the respondent and i left my ex husband almost two years ago. He immediately insisted that we file for divorce, which i agreed and agreed to all his terms including paying half the divorce fee for £550. Anyway all was going ahead, i responded to all the papers that came through and then nothing...i have contacted the court and they tell me that there is a delay because he hasn't applied for the decree nisi...i think he is intentionally holding this up because i have a new partner and child and want to get married and he is being spiteful. My ex husband and i have no property or children together. How can i move this forward? Is there anyway i can 'take over' as the petitioner...he has now been holding off applying for the nisi for TWO YEARS.
A starting point is usually a letter sent directly to your stbx''s solicitor requesting progression of proceedings within 28 days otherwise you will apply to dismiss the petition with a costs order in your favour should do the trick.
You would need to wait a bare minimum of 6 months - it's more usual to have to wait for 12 months before the respondent can apply to court to dismiss the petiton for \"want of prosecution\" (meaning the petitioner has failed to apply for the decree Nisi), if your application is successful, then you would be free to raise your own divorce petition. You will need to you complete Form D11 (there's a court fee of around £95), in orders sought you write - to dismiss divorce application (case number) for want of prosecution, the applicant made application on (date) but failed to apply for decree nisi. This then leaves you free to submit your own divorce petition, meaning you would then be the petitioner and could ensure the divorce itself progresses. Don't forget you would also have to pay the divorce application fee of £550.