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DECREE ABSOLUTE - Which forms? D36 and/or D11

  • Macciemoo
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11 May 10 #203361 by Macciemoo
Topic started by Macciemoo
Hi,

I am the Respondent in my divorce and want to apply for Decree Absolute as my husband is dragging his feet.

I have a Consent Order sealed and approved by the Court which is now three months old. The timescale I need to apply is correct (nearly 6 months since Decree Nisi was granted).

My question is: -

Can I fill in Form D36, pay my £40 fee to the County Court and wait to hear back for the D37 (Absolute) to be granted? Or do I have to fill in a form D11 also, which notifies the Petitioner (my husband)of the application for Absolute?

Any feedback would be massively appreciated.

Many thanks, Maccie!

  • dukey
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11 May 10 #203368 by dukey
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Complete D36, you may well both have to attend a short hearing so the judge can ask why the respondent is making the application and pay another £40 for the privilege.

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11 May 10 #203369 by Macciemoo
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Many thanks for coming back to me on this Dukey,

Would I also need to complete D11 beforehand and send it to my X before the D36 is sent to the Court please?

Huge thanks, Maccie : )

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11 May 10 #203371 by dukey
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Hiya

D11 is get a Directions hearing, ask the judge a question, you could do this to preempt the judge asking you both in.

Personally i would just send the D36, the form asks if you are Petitioner or respondent so the judge will know the situation and if they feel necessary you will both be asked in to court, its down to the judge who considers the D36 to decide.

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11 May 10 #203373 by Macciemoo
Reply from Macciemoo
Great stuff!! Many thanks Dukey, that massively helps me!!

Roll on D37!! : )

Take care, Maccie

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