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Respondent applying for Decree Absolute

  • Freedompath
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17 Jul 24 #523519 by Freedompath
Topic started by Freedompath
Decree Nisi was granted in 2021, with ex being the applicant. She did not then apply for Decree Absolute, and has been non-responsive in attempted communication, but we finally got a Financial Order this year after going through court. That was several weeks ago and she still hasn't applied for the Decree Absolute and I know she will not initiate doing so or respond to any requests for her to do so as she will see it as her last piece of control. I understand I can apply as the respondent now, and believe I need to complete a D11 as well as D36 and pay the associated fee for filing. My questions are:
- when completing D36 do I refer to myself as the applicant or the respondent - as I'm applying for the Decree Absolute, but she was the original applicant for the Decree Nisi?
- on D11 question 3. how should I answer what order I am asking the court to make and why? It asks for a draft copy of the order I am applying for, is this necessary, or does D36 fulfil that purpose?
Thank you in advance for any help you can provide

  • hadenoughnow
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21 Jul 24 - 21 Jul 24 #523560 by hadenoughnow
Reply from hadenoughnow
I am not sure you need a D11 as well as D36. The D36 has a box to tick to say whether you are applicant or respondent in the divorce. If you do need a D11 simply explain you are the respondent in divorce seeking a final order/decree absolute as the applicant has failed to apply even though you now have a financial order. NB the final order makes the financial order enforceable.

Given the passage of time the D36 needs to be accompanied by a short statement explaining the delay (sorting finances) and confirming that a: you have not lived together as man and wife since the decree nisi/conditional order and there are no (further) children born of the marriage.

Hadenoughnow
Last edit: 21 Jul 24 by hadenoughnow.

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