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Decree nisi DECLINED (adultery)

  • books
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22 Jun 10 #210391 by books
Topic started by books
I am the applicant.

Separated May 2007.
Moved out December 2007.
Respondent, my husband, begun a new relationship.
I am therefore divorcing him on ground of adultery.
He denied this, and the judge has denied my Decree Nisi saying that I would need to prove it. All I have are copies of Skype conversations where he says he loves her. Is this enough? If not, what should my next step be?

Thank you so much for any advice.

  • perrypower
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22 Jun 10 #210392 by perrypower
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Adultery is extremely difficult to prove, some would say impossible. If the Respondent won't admit it I would say it is a waste of time to pursue it.

The simpler option in England and Wales is to pursue Unreasonable Behaviour ont he ground of inappropriate relationship.

What country are you in?

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22 Jun 10 #210403 by books
Reply from books
I am in Norway.
Would I need to begin the entire divorce from the beginning? If not, which forms do I use now, to change it to unreasonable behaviour?

Thanks.

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22 Jun 10 #210406 by perrypower
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I am only familiar with English law and would suggest you check with a local sol unless you are divorcing in the UK.

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22 Jun 10 #210407 by books
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I am divorcing in Uk. Was also married in Uk.

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22 Jun 10 #210415 by perrypower
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I believe you need to file a new Petition but that you do it under the court numbeer that was alreadyg ranted. I believe there is a variation fee.

The quickest way to make sure is to contact the court you are going through and tell them what has happened, I am sure they can direct you on how to reaplly and what fee is required.

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22 Jun 10 #210418 by dukey
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Amend the Petition either with a new D8 or the old one, either way write "amended" at the top underline in red pen, do the same for all amendments to D8.

The cost is £80 made out to HMCS.

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