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Fresh Petition

  • Mew Mew
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12 Feb 12 #311805 by Mew Mew
Topic started by Mew Mew
I started divorce proceedings 4 years ago. The court decided that the 2 year period of separation didn''t tally.. due to financial circs my husband and I lived together, we have children and remain very good friends and although I had met someone else my relationship with my husband is excellent. The children are happy etc.. we have no property, money or childcare issues that would complicate our divorce. I couldn''t afford to continue with divorce proceedings so I left it.
I have lived with my partner for 4 years now and we wish to marry. I sent an amended copy of the Petition stating that my husband and I had now been separated well over the 2 years required and paid a £90 fee. I have now been informed that I can only rely on the separation period before the date of the original Petition, if I wish to rely on a separation period since then I must present a new petition!
Do I need to pay another £300 odd to continue by presenting a fresh petition? I am so frustrated with this!, I do not have the money to employ a solicitor or pay such a large amount of money to start again.My husband and I are great friends and it seem ridiculous to get further into debt when all we want to do is move on with our lives. Please, please can anyone help?
Many, many thanks in advance...

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13 Feb 12 #311952 by .Charles
Reply from .Charles
Unfortunately the court is correct - the Petition that is with the court is defective and you cannot correct that defect with an amendment. The only way to rely upon 2 years separation by consent is to issue a new petition after the 2 year period.

You may need to pay a further fee (possibly £45?) to dismiss the current petition and pay a further £340 to issue a new Petition.

Charles

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