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Forms For Final Decree - Can Anyone Help Me?

  • hacman
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06 Jul 08 #31116 by hacman
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I am the Respondent in our divorce and have a Decree Nisi. My wife is making no effort to apply for the Final Decree, and so I wish to apply for it myself so as to end this misery as quickly as possible.

The correct amount of time has almost passed and I have obtained forms D36 and D11, but do not know how to fill them in. Is there anybody out there who can help me with some advice please?

  • ariesgirl63
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07 Jul 08 #31353 by ariesgirl63
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Hacman, As long as you have waited a further 3 months after the 6 weeks +1 day rule for the petitioner, then you may apply for the absolute in just the same way that the petitioner would have.

Simply complete form D36 using the case details, dates and names as quoted in the decree nisi. Keep everything identical.

Fill in point 1, cross out point 2.

Date the form and sign it (cross out solicitors for the petitioner). It doesn't need swearing.

Take or post it to Court with a fee of £40 and you should receive your Decree Absolute within a few weeks providing your wife has not lodged a reason with the Court as to why the issuing of the decree absolute should be delayed.

Best wishes Aries xxx

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07 Jul 08 #31355 by ariesgirl63
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Sorry, just realised that as respondent you have to serve notice on the petitioner that you intend to apply for decree absolute - I presume this is where form D11 comes in.

The Court will set a date for the hearing of your application and you have to give at least 4 clear days notice to the peitioner. They may be required to explain why they didn't apply for the decree absolute. Unless there is any clear reason for not issuing then you will have your decree abolute declared.

  • hacman
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08 Jul 08 #31415 by hacman
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Thank you ariesgirl63, I appreciate your help. Form D11 is the problem, because it requires dates and times for the hearing, which I obviously do not have and other details which I do not know how to proceed with. I have found that the court is no use because the staff are too busy to even answer the 'phone let alone advise me.

Thank you, hacman

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