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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Some time ago, I applied for a divorce on the grounds of unreasonable

Resolved Question:

Some time ago, I applied for a divorce on the grounds of unreasonable behaviour. I filled in all the appropriate paperwork and paid the necessary fees.
The District judge returned the verdict that a decree nisi could not be granted based on the grounds stated.

I then waited the required time before filling in the forms on the grounds of 2 years separation. I did not know, and frankly could not afford, the £400 plus to start the process at the beginning, so filled in new grounds based on my initial petition. The judge again returned a verdict of not being entitled to a decree nisi.

In order to get a divorce based on new grounds, do I have to start from the beginning and try to find the money for a new petition?

Many thanks
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What allegations did you actually make?
Clare
Customer: replied 3 years ago.

To be honest, I don't think I looked into the grounds well enough. I said that my wife had left the family home and reduced all contact to virtually nil, forcing me to move house as I could no longer afford the rent on my sole income.


 


There was no specific accusation (e.g. violence towards me, excessive drinking etc)

Expert:  Clare replied 3 years ago.
Hi
Then that is why the Petition failed I am afraid.
For clarity - did you apply to amend the original petition?
Clare
Customer: replied 3 years ago.

Looking at the letter the judge sent, no I didn't do this correctly.


I think I tried to apply on new grounds rather than amend the old petition.


 


How would I go about amending the petition?


 


Is there a particular form that I need to fill in that I have skipped over or do I just need an agreement to the amendment (in writing) signed by myself and my partner?

Expert:  Clare replied 3 years ago.
Hi
Does your ex agree that there should be a divorce?
Clare
Customer: replied 3 years ago.

Sorry, I've been away for some time.


\if you're still there, the answer to your last question was yes.

Expert:  Clare replied 3 years ago.
Hi
Excellent
As a starting point get her agreement to the divorce in writing.
Then take the original petition and a Red pen
Cross out (in red) the Unreasonable Behaviour ground and the allegations.
Substitute it with the Two year Separation Ground and the Specific allegation - that you have lived apart form two years since xxx and underline the changes in Red
Resign and Re date - crossing out and underlining in red - then send to the court with the £95 fee
I hope that this is of assistance - please ask if you need further details
Clare
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