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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
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 am the respondent in a divorce on the grounds of 2 years

Customer Question

I am the respondent in a divorce on the grounds of 2 years separation, 8 months have passed since I returned the acknowledgement of service my ex has yet to apply for the decree nisi, can I do it ?
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 actual Order that was made in respect of the original petition and cross petition?
How long have you been separated now?
Clare
Customer: replied 2 years ago.
The judge stated in the case management hearing that my original petition and the cross petition applied for by my ex were to be nullified when the new petition for 2 yr separation with both parties in agreement was applied for In September 2014
I have been separated for just over 5 years. I moved out of the marital home in September 2009 but my ex disputes this.
I have paperwork showing that I was living elsewhere and paying council tax from December 2009.
Expert:  Clare replied 2 years ago.
Hi
Were any specific directions made about her applying for the Decree Nisi?
Clare
Customer: replied 2 years ago.
No there were no specific directions made
Expert:  Clare replied 2 years ago.
Hi
That is unfortunate.
In that case I am afraid that the only way forward is to apply to dismiss the current Petition on the grounds of her failure to progress it (and claim costs) and then to issue a Petition based on the fact that you have lived apart for more than five years.
I am sorry appreciate how dispiriting this must be - however I think there is an excellent chance that you will be awarded costs against you.
Please ask if you need further details
Clare
Customer: replied 2 years ago.
As the Judge was the one who wasn't happy for me to to be the one to apply for the 2yr separation because in his words I had spent more than enough money and my ex couldn't be trusted to agree therby losing more money would it be worth appealing to the judge for a further case management hearing to have a time limit set for her to apply for Nisi?
Expert:  Clare replied 2 years ago.
Hi
It is possible - but he cannot force her to apply for the Decree Nisi - however the threat of a costs order may assist
Clare
Customer: replied 2 years ago.
Thanks for the advice
Expert:  Clare replied 2 years ago.
Hi
You are welcome - I hope you are divorced by the end of the year!
Clare