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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33531
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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I recently had my application for a decree nisi refused with

Resolved Question:

I recently had my application for a decree nisi refused with the following reply:

"There is no evidence of adultery. Respondent has not answered question 5 of AOS."

My husband doesn't want to defent the divorce, and made a mistake in not answering question 5 (admitting to adultery). I haven't got proof of adultery other than the word of my husband who told me about it verbally. Having spoken to him he has agreed to amend the Acknowledgement of Service to answer yes to question 5.

However, we can't find any information on how to go about this. We aren't amending the petition, rather we are amending the response. Do we need to make the amendment to the AOS and send three copies (petition+AOS) along with £95 fee as you would do when amending the petition? Or do we ask to court to resend the AOS? Also is answering yes to question 5 sufficient or will the respondent need to provide anything else?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you
In fact all that needs to be done is for your husband to write two letters.
The first to you confirming that he has committed adultery in line with the allegations that you have made in the Petition.
The second to the court confirming that he made an error on the Acknowledgement of Service.
When you apply for the Decree Nisi you can exhibit a copy of the letter as evidence of adultery
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Thank you for that clear response Clare.


 


So just to clarify I just need to send the two letters described along with the original petition and AOS to the court? And will the £95 amendment fee apply?

Expert:  Clare replied 2 years ago.
Hi
Your ex sends the letter to the court and the other letter to yo.
You exhibit the letter he sends to you admitting the adultery to the statement in support of your application for the Decree Nisi
No amendments and no fee
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33531
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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