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Is a fee required with D36 application ?

  • Meursault
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12 Jan 15 #453576 by Meursault
Topic started by Meursault
Form D187 states that not fee is payable provided the proceedings were started after 1st July 2013.

But wikivorce DIY divorce states that a fee of £90 has to be paid.

Can anyone please tell me which is correct ?

  • rubytuesday
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12 Jan 15 #453582 by rubytuesday
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A fee of £90 is only payable if it is the respondent applying for the Absolute.

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13 Jan 15 #453609 by Meursault
Reply from Meursault
Thanks

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13 Jan 15 #453613 by rubytuesday
Reply from rubytuesday
For clarity, the text from the Wikivorce Divorce guide clearly states that it is the Respondent that pays the additional fee:

If the Petitioner does not apply for a Decree Absolute, then the respondent can apply 3 months after the date the petitioner could have applied for the Decree Absolute. This is 4.5 months and 1 day after the Decree Nisi is granted and the cost is £95 it is more expensive than if the petitioner made application because a hearing is usually required to consider why the respondent is making application rather than the Petitioner.


The court fee has increased by £5, and I have amended the guide to reflect this increase.

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13 Jan 15 #453620 by Meursault
Reply from Meursault
I am Petitioner. As you can see, I''m near the end of the process, which I''ve handled easily myself, thanks to this site. But I did find the last portion of the DIY divorce pages confusing. Everything seemed to get channelled down the ''if you''re respondent'' route - it wasn''t clear to me what was required if you''re petitioner. However I understand now that all I need to do is send in the D36. Thanks again.

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13 Jan 15 #453621 by rubytuesday
Reply from rubytuesday
I agree that some of the instruction is a bit confusing as to whether it is the Petitioner or the respondent who sends in the £95. I''m now making some changes to that particular page on the guide so that the information is clearer. Thank you for highlighting this :)

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