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Court made a mistake what are our next steps ?

  • hazel999
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30 Nov 10 #237692 by hazel999
Topic started by hazel999
We filed for divorce with two years consent as parntners ex wife had started the proceedings but then did not bother to continue.
She refused to send back the Acknowledgement of Service despite claiming she had or her Solicitor had.
We then requested through the courts it was served by the baliffs.
Last week we got a letter back saying Decree Nisi would be heard on the 22nd December. We were over the moon.
We then got another letter Friday saying the Judge refused our request for Baliif service as if she had refused to sign and return one it would not be worth sending a baliff as she would not sign this one.
We were very confused so my partner phoned the court to see what was happening and also if we may get a refund because no Baliff was required. When he gave them his case number they put him on hold for ages and then came back to say they were very sorry the Decree Nisi was not for us but for someone with a similar case number! Also no we will not get a refund for the Baliff. What do we do now, can we amend the Petition to unreasonable behaviour? Just want it over any advice very much appreciated.

  • dukey
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30 Nov 10 #237693 by dukey
Reply from dukey
Because she is refusing to return the AOS the divorce is not by consent therefore will be refused by a judge.

Yes you can amend the Petition to UB, there are lots of posts on site about how to do it just add amend petition to the search bar at the top of the page.

  • hazel999
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30 Nov 10 #237739 by hazel999
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Thank you, she wont send back the new AOS either so then will the judge let us have a baliff to serve papers? We are running out of money so having to save up before we do each step.
We have so many texts from her saying she wants the divorce too and has signed them with her solicitor, all just lies. hame money could go on her sons!

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