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Dismissing a former Divorce Petition

  • rebeccakh
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06 May 11 #266759 by rebeccakh
Topic started by rebeccakh
My partners wife petitioned for divorce back in 2002. Because she sited adultry as the reason for the break down my partner wouldn't sign the Petition.
Roll forward to 2009 and both my partner and his wife have agreed terms for his daughter and a "5 year seperation" agreement.
So my partner started the ball rolling again by petioning for a divorce. We have been going back and forward trying to move this Petition on, however the court has just told us that in order to move forward with this petition we need to dismiss the pervious petition made by his wife.
We live in Duabi and are doing all this ourselves. The lady at the court told us we just need a letter signed buy both my partner and his wife stating that they are both in agreement about dismissing the previous petition. Although from reading forums and the like I am led to believe that we need to fill in one of the new D11 forms. If this is true can somebody confirm this for me. And if so, how does he go about proving that the dismissal is "by consent"?
If anybody can point us in the right direction it will be greatly appricated!

  • .Charles
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09 May 11 #267137 by .Charles
Reply from .Charles
If you were ascting through a solicitor the court would insist upon a formal application but as you are both acting in person the court may cut you some slack and grant the application based upon a joint letter so that should be your first course of action

You should be aware that as you are not attending the court, the Judge may seek confirmation that you are who you say you are. Personally, I would obtain certified copies of your passports (yours and your wifes) and submit the copies with the joint letter.

Charles

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