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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33816
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 have made an error on my divorce d80. I am petitioner in

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I have made an error on my divorce d80. I am petitioner in england. I stupidly added to my anodyne statement on d80 , adding accusation of adultery and adding accusation that my wife got charged in a criminal matter and did not tell me for 2 months. Both true! Wanted to get nisi. Judge kicked it back wanting more info. Applied again removing the extra allegations. Judge kicked it back asking for the original petition to be amended in red ink. I just want the nisi pronounced. Have not raised the issue with wife at this stage to ask if she would be prepared to admit to those things. What is the best way to get the nisi pronounced with minimum fuss?
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 exactly has the court told you to do?
Clare
Customer: replied 2 years ago.

We herewith return.. D80b.. DJ has requstsd you amend the original petition and set out concise details of the respondents behaviour the petitioner finds intolerable to live with. All amendements should be in red pen and the petition resigned and redated. .. Take legal advice.

(D80b #2 attached, add/alter = no)(original petition was anodyne mushy 5 paras, family dotn get on, I want kids she doesn't, frequently row about money etc)

Expert:  Clare replied 2 years ago.
Hi
How did you attempt the first change?
Clare
Customer: replied 2 years ago.

Sent d80b again deleting the 2 additional allegations. Changed 'do you wish to add anything' to no. (Ie what I should of done on the first d80b). Had I sent the second one first I assume it would of gone through.

Expert:  Clare replied 2 years ago.
Hi
Did your ex send in the Acknowledgement of Service?
Clare
Customer: replied 2 years ago.

Yes. No problems there. Just the nisi application and affidavit supporting the issuance of the conditional decree.

Expert:  Clare replied 2 years ago.
Hi
For clarity what was on the Petition that your ex saw?
Clare
Customer: replied 2 years ago.

5 wooly anodyne pre agreed sentences as described above. She wouldn't of seen the extra 2 on the subsequent d80. The 5 she saw were families not getting on, rowing about money, desire for further kids , relihous differences and conscious uncoupling, etc. Judge didn't mind that and it went straight through. I havent asked her if she would agree to adultery, she probably would. She may agree to not telling me about her crim charges, I havnt raised it.

Expert:  Clare replied 2 years ago.
Hi
Ok.
Just to double check - the two extra allegations were just referred to in the first D80b that you filed.
That was sent back
You then sent a second D80b WITHOUT the extra allegations - but that was also bounced back
Is that correct
Clare
Customer: replied 2 years ago.

Correct. How to back out .

Or in?

Expert:  Clare replied 2 years ago.
Hi
The best way forward no wis to resubmit the D80b without any additions at all.
Then send it to the court with a letter to the Judge apologising for the confusion.
Explain that you now wish to rely only on the original allegations contained in the Petition that was served on your ex
This should resolve the issue.
If it does not then it will be necessary to go through a more difficult process - but hopefully this will not be necessary
Please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33816
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 1 year ago.

I did this and it came back from Barnet court last week - so alas this did not work! I have amended the petition in red ink as requested and written a cheque for the amendment fee (£95). I am under pressure to get the DN out, as my ex-wife is not happy to be back at the petition stage after 5 months. I would like you to check it thoroughly before it goes.

Customer: replied 1 year ago.

further info:

The amended petition can be downloaded from my dropbox :

https://dl.dropboxusercontent.com/u/7687826/amended%20pet%20scan%2027%20april%202015.PDF

The only other change is that I am to petition her at her solicitors as a service address as she won't give me her new address!

Dont mind paying £40 for you to review this thoroughly. Barnet court can be very fickle indeed. It is unfortunate that this problem was only picked up (presumably by a different judge) at the d80 stage!

Expert:  Clare replied 1 year ago.
Hi
OK I can see why the original allegations could not stand.
Could you confirm whether the draft I am able to read has already been sent to the court before now?
Clare
Customer: replied 1 year ago.

The draft with the red pen has NOT been sent. I wish to get it validated before sending it. Any changes can easily be made. They generally take around 2 weeks to respond. x2b would not admit to adultery. I did explain that this would of been the easiest route however she refused. I can make any changes as necessary, my imperative being to get her re-petitioned as correctly as soon as possible.

Expert:  Clare replied 1 year ago.
Hi
Right thank you for that
The starting point is that it is time to type a new one.
You have to out in all the old as well as the new but it will give a cleaner look (you can simply correct the date of birth error)
In part 4 all you need to do is quote the final case number ***** the child - no other comments
When you retype box six put old one in first, then the new.
Cross the first out in red and underline the new in red.
Add the words "causing great distress to the petitioner" to the final clause "E"
Once that is sorted all should be well
Clare
Customer: replied 1 year ago.

Hmm I am not clear. So put in an entirely new petiton with simply 'amended petiton' on the front page in red pen. I have a soft copy of the original so not a problem. The court staff did say amend in red pen, I took this to mean score out the original 5 phrases in red. You seem to be saying that the only red ink that is required on the new one is on the front page, yes? 3 copies again ?

Expert:  Clare replied 1 year ago.
Hi
If you can complete the form online you will have space in Section 6 for all the information to go in
Certainly put amended petition of the front.
In Section 6 use a red pen to strike out the original allegations, and underline the new ones.
Do the same with the dates - you need to put the old date and the new date in
Clare

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