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Decree nisi DECLINED (adultery)

  • books
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22 Jun 10 #210420 by books
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Thank you very much. What occurs after that? Will the respondent need to sign the amendment, then I apply for Directions of trial again?

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22 Jun 10 #210424 by dukey
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Yes the Petition will be sent to the respondent to sign, once done you apply for for Directions for trial under special procedure and complete the affidavit in support of petition for unreasonable behaviour.

Then you receive Decree Nisi.

Six weeks and one day from Nisi you can apply for nisi to be made Absolute, once granted your divorced.

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22 Jun 10 #210430 by books
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So, basically starting from scratch, only cheaper... damn. I am so frustrated. It took me a very long time to get my husband to sign the original Petition - even with the help of bailiffs. Who knows if he will sign a new one.

Just ranting really, sorry.

Thanks again.

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22 Jun 10 #210433 by perrypower
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When you say sign the original one, do you mean acknowledge receipt and return that receipt?

On the original receipt did he admit the allegations? Or did you just get a bailiff to serve him and had to rely on that as your proof that he was aware that a Petition had been served.

My questions relate to whether or not you can make an application for costs (the cost of petition and variation fee).

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22 Jun 10 #210455 by books
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He ignored the bailiff's.
He then (for unknown reasons) changed his mind & signed the original Petition which was issued to him and returned it.
However, he denied the allegations.
I was advised to try to apply for Directions for trial regardless (by the court) & now the judge refused the decree Nisi.

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22 Jun 10 #210459 by perrypower
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He probably found out that if he denied the alleagations there was a very high chance of the divorce not getting ordered.

The court could have advised one of two things. Pay £80 and go for the amendment, or take your chances at the trial which would be free (as you already paid for it). The problem is that it delays the whole process if you lose and you lost. So now you have a bit longer to wait and still have to pay £80.

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22 Jun 10 #210467 by books
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Okay, thank you very much for your advice. I will have to suck it up and go with the amendment.

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