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Clarification needed please on 2yr Separation rule

  • artychokeuk
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13 Aug 14 #442058 by artychokeuk
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Please can someone clarify for a friend and/or suggest a way forward on this?

My friend separated December 2009 and petitioned for 2 yr separation in March this year. Respondent ignored all Court paperwork so process server provided affidavit of service. Respondent''s time to respond expired but then obstructed, demanding "money for signature" but otherwise continued to ignore Court. Now, the application for Decree Nisi has been refused.

Any suggestions ?

Thanks

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13 Aug 14 #442059 by dukey
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The judge would have given a reason for refusal, what was it?, word for word is best.

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13 Aug 14 #442062 by artychokeuk
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Thanks

"The Petition is based on 2 years separation and the Respondent''s consent, but he has not consented to the divorce"

In fact, she could have filed for either unreasonable behaviour or adultery. Both applied but she wanted to "be nice". It doesn''t pay does it ?

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13 Aug 14 #442063 by artychokeuk
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Oops ... a bit more...

"The Petitioner should deal with the above matters and renew the request for Directions for trial."

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13 Aug 14 #442064 by dukey
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Arty, I was hoping he amended before having the lady served, a slim hope but given your on wiki it was worth hoping for.

As I''m sure you know two years sep is by consent, your can''t force it, nor does having the ex served help - the stbx must agree.

Deemed service based on two years sep will always be refused.

He now needs to amend to UB and start over, and it''ll cost him yet more in court fee''s.

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13 Aug 14 #442066 by artychokeuk
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Thanks.

1. What happens now? A complete new application and paying everything again or an amendment fee ?

2. Would you suggest adultery or UB ?

3. Given past history, ignoring Court etc, how best to proceed?

4. Is a new Petition and the process server needed all over again ?

This seems to have become unnecessarily complicated.

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13 Aug 14 #442067 by dukey
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The problem is he went in blind without legal advice, and this is what happens.

It''s an amendment fee, £95 I think.


UB, never adultery unless she admits it.

Yes it''s process server again.

It would have been cheaper and quicker if he had used the wiki service.

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