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UKfamsol
UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience:  Very experienced specialist family law solicitor, qualifed in 1994
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my husband has just informed my that i have to aply for

Resolved Question:

my husband has just informed my that i have to aply 2nd part of the degress abselute otherwise it will cost him money but not as much as it will cost me, i would like to know more before apling
Submitted: 2 years ago.
Category: Family Law
Expert:  UKfamsol replied 2 years ago.
and thanks question.

I need a bit more information to be able to answer:

Are you the petitioner (that is, the person who started the divorce and signed the divorce petition) or the respondent?
Was the divorce petition filed at court before1st July 2013?
When was the decree nisi granted?
Customer: replied 2 years ago.

if this is what i think it is then yes i did start the divorce off, and yes again to starting in nov 2010 and he has said that he has reseived the nisi but only him as i haven't got anything all i got is a letter stating that i need to reply to his solitor in 14 days to move matters futher,

so what does that mean in (stupid) terms

Expert:  UKfamsol replied 2 years ago.
again

When the court grants the decree nisi, it is sent out to both parties, so if you have a solicitor, your solicitor should have received it. If you don't have a solicitor, then you should have received it. So you need to ring the court office and ask copy of the decree nisi, as you will need the exact date to be able to apply decree absolute.

But can you tell me what the solicitor's letter said, so that I can advise you how to reply to it - thanks.
Customer: replied 2 years ago.

it said what i just wrote to you, saying that i need to reply within 14 days to move matters along.

Expert:  UKfamsol replied 2 years ago.
ok - if nothing else was in that letter, then I wonder if the decree nisi has definitely been applied for.
I suspect that the decree nisi has not been pronounced. Only you as the petitioner can apply decree nisi - so if the petitioner does not, then the only action that the respondent can take to move things along, is to ask the court to dismiss the petition already filed at court, so that he - the respondent- can issue a fresh petition as the petitioner.
I am guessing that your husband’s solicitors are giving you 14 days to take action – or probably they will apply to dismiss your petition, so that a fresh petition can be filed at court, which will be from your husband’s point of view.
So here's what you need to do:
1.Ring the court office, ask to be put through to the divorce section, give them your name and preferably the case number (which will be on any letters you've had from the court). Ask if the decree nisi has been pronounced.
If yes, see paragraphs 2 3,4,5,6,7 – AND 9
If no, see paragraph 8 AND 9
2. If the decree nisi has been pronounced, then ask exact date, and copy of the decree nisi to be sent to you (you may have to pay copy - some court offices are more difficult than others)
3. When you have the decree nisi in front of you or at least the exact date, you then need to apply decree absolute.
6. The fee to apply decree absolute is £45. Here’s the application form:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/d036-eng.pdf
7. If the date of the decree nisi was more than 12 months ago, you must include a letter to court with your application decree absolute, and this letter must include the following:
• An explanation why you did not apply decree absolute within the 12 months of the date of the decree nisi
• Whether you have lived with your husband since the date of the decree nisi, and if so, between what dates,
• Whether you have given birth to a child since the date of the decree nisi, and if so, whether it is (or could be )your husband’s child
8.If the decree nisi has not been pronounced, then you need to apply. You need to complete this application form:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/d084-eng.pdf
AND you will need a copy of the acknowledgment form that your husband sent to court when he received the petition. If you don't have that, then again, you will need to ask the court office copy.
AND you need to complete ONE of these statements in support of your divorce:
If your petition was based on your husband’s adultery:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/d080a-eng.pdf
If your petition was based on your husband’s behaviour:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/d080b-eng.pdf
If your petition was based on having been separated years:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/d080d-eng.pdf
If your petition was based on having been separated years:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/d080e-eng.pdf
Then you send the application decree nisi plus copy of acknowledgement form plus the correct statement in support to court. There is no court fee .
Once you have the decree nisi, then you can apply decree absolute. See paragraph 6. As the petitioner, you can apply absolute 6 weeks and one day after the date of the decree nisi. Your husband as respondent can apply decree absolute a further 3 months later, if you have not already done so by then.
9. Reply to the letter from your husband’s solicitors and tell them what steps you are about to take, and have taken – that will stop them trying to dismiss your petition.
If you would like some face-to-face advice from a specialist family law solicitor with all of this, here's where to find one near you:
http://www.resolution.org.uk/findamember/
I hope this helps and I wish you the best of luck.
Thanks and best wishes...
UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience: Very experienced specialist family law solicitor, qualifed in 1994
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