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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33538
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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Divorce

Customer Question

Hello. I filed for divorce in December, respondent sign aknowledgement of service, agreed with reasons for divorce, but want to defend it. In a mine time I send Deecre Nisi. When I contact the court 2 weeks ago, they said, they contact respondents solicitor to make an application to file an answer out of time if they wish to. And my Deecre Nisi was denied.
I thought that you have certain period of time for an answer and if u did not answer on time divorce is progress without respondent, so why a court is giving a respondent another chance to answer? What is the time for him to answer and what should I do in this situation. It's been six months since I filed for divorce and we are only at the stage where I'm waiting for the respondant to answer reasons for defending? And what sort of time does he have now to answer? I tried to proceed with decree Nisi but have been denied due to more waiting for respondant.
Kind regards.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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 was the date on the Acknowledgement of Service?
when did you apply for the Decree Nisi?
Clare
Customer: replied 2 years ago.
Respondent received acknowledgement of service on 24th of March 2014 I received a letter from court send 15 April 2014 that it was received and if I do not receive, by post, a copy Answer from the Court within next month, I can request from the court, a form for an application for decree Nisi . And I send decree Nisi 11th April 2014.
Court answered me when I asked why they giving respondent second chance for answering when it supposed to be proceed without him if it was about of time, they replayed: District Judge Bowman has directed that we write to the petitioners solicitors to inform them that if they wish to defend the case they need to make an application to file an answer out of time.
Expert:  Clare replied 2 years ago.
Hi
Hi
Can you confirm what the date of the application for the Decree Nisi was?
Clare
Customer: replied 2 years ago.
I apply 11th April 2014 for decree Nisi and as I already stated the judge has not granted it to me due to allowing the respondent to file his answer out of time.
Expert:  Clare replied 2 years ago.
Hi
Do you mean 11th April (which was too early) or 11th May?
Clare
Customer: replied 2 years ago.
11th April, but court received it 21 day after respondent sign the Acknowledgement and court e-mailed me that decree Nisi was in process and sent to district judge,.
Expert:  Clare replied 2 years ago.
Hi
That is your problem I am afraid - you acted too early.
You in fact needed to wait until the time period for the filing of the defence had passed - and you did not - and it is when you send it in - not when it is looked at that is relevant.
Accordingly what you need to do is phone the court and ask if a Defence has been filed.
If not then you should again apply for the Decree Nisi
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.
And what if he filed for defence? Do I need a solicitor if respondent filed for defence? Because at the moment I do not have a solicitor.
Expert:  Clare replied 2 years ago.
Hi
Which ground did you use?
Clare
Customer: replied 2 years ago.
Unreasonable behavior. I know that respondent want to get a divorce, but he don't really agree with reasons.
Expert:  Clare replied 2 years ago.
Hi
Then it is very unlikely that he will file a full defence as it will cost money and the actual allegations do not effect the financial distribution.
If he does then you can still deal with it yourself if you wish
Clare
Customer: replied 2 years ago.
If respondent did not defence the case, which section in decree Nisi should I fill? Section A?
Expert:  Clare replied 2 years ago.
Hi
Yes
Clare
Customer: replied 2 years ago.
Hello, thank you for all your help. Last thing. I contacted Court and they said respondent or his solicitor didn't defend it, the answer wasn't filed, so I sent decree Nisi last week. Do you know how long it can be now for further progress?
Expert:  Clare replied 2 years ago.
Hi
That depends on the courts - usually you hear within four weeks or so - and the date will be about six weeks after that
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33538
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
Hello, I have a question. I apply for decree Nisi, it was agreed by judge and it's pronounced on 9th July 2014, but just now I got an email: intend to attend the decree nisi hearing on the 9th July 2014, to oppose the pronouncement of the decree nisi. What is going on? Is it possible for judge to change his mind? Why after two chances of giving answer NOW he wants to oppose?!?
Expert:  Clare replied 2 years ago.
Hi
has he filed a defence at all?
Clare
Customer: replied 2 years ago.
No, judge send me a certificate where it said its undefend with unreasonable behaviour. He had time to answer and then out if time answer but he never did. And now I got this email that his solicitors will oppose pronouncement of decree Nisi. Can they do that even after judge signed certificate and when he never really bothered to answer? Do I need to go to court for this pronouncement when his solicitors will try to oppose?
Expert:  Clare replied 2 years ago.
Hi
have you heard from his solicitors at all?
Clare
Customer: replied 2 years ago.
No, the only contact and information I had was from court
Expert:  Clare replied 2 years ago.
Hi
There is no formal hearing as such.
The list of names is publishes at the start of the morning session
Your ex would have to attend and object at exactly the right time in order to have it considered - however
unfortunately the courts if he does the Court make allow this IF they think your ex has a good reason for the delay - and a good defence to the Petition.
However unless your ex turns up at Court with a fully prepared Answer and a good reason for not having it filed it on time then the Decree Nisi will go ahead.
Whether you feel it is worth attending on the off chance he is serious is a personal question - it is unlikely that your being there will make a difference as the most likely outcome is that the court will list a date where your ex can make a formal application to file a defence out of time - and then you will have a chance to put your case
Clare
Customer: replied 2 years ago.
I dont understand, why STILL, respondentów have a chance to oppose on a day when the decree Nisi is pronounced? He had twice a chance to give an answer for defence and he never did. I got certificate that judge agreed to decree Nisi. It is very unfair towards me.
Expert:  Clare replied 2 years ago.
Hi
I can only agree with you - and as I said unless he comes with a full answer and a good reason for the delay (difficult when he has had legal advice)
Clare

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