How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask ukfamilysolicitor Your Own Question
ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1097
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
74916426
Type Your Family Law Question Here...
ukfamilysolicitor is online now

I have filed in England, UK and my wife who

Resolved Question:

I have filed for divorce in England, UK and my wife who lives abroad submitted acknowledgment of service of the petition. The court has now asked me to submit an application form D84 along with D80E. Its a five year separation application. Should I be
applying for decree nisi ? and how long will a final divorce will take ?
Submitted: 2 years ago.
Category: Family Law
Customer: replied 2 years ago.
She is not defending the petition.
Expert:  ukfamilysolicitor replied 2 years ago.
Good Morning
I am a Solicitor and will assist you.
If your wife has completed the Acknowledgement of Service to the Court confirming that she is not seeking to defend your petition - then you are able to apply for Decree Nisi.
The two forms that you have been asked to complete by the Court are the correct forms to be apply for Decree Nisi.
In respect of the Form D80e - you need to attach a copy of the Acknowledgement of Service Form that has been completed by your wife to the back of this form. You should write on the top of the Acknowledgement of Service form the words 'Exhibit A'.
Once you have sent your application to the Court - you will receive a Notice of Decree Nisi date from the Court. The Court tends to list this date for around 3 weeks later. You do not need to attend at Court for Decree Nisi unless you are seeking a costs order for your wife to pay your divorce costs.
After 6 weeks and 1 day after the Decree Nisi date has passed you can them apply for Decree Absolute. You can apply for Decree Absolute on Form:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/d036-eng.pdf
Courts tend to deal with Applications for Decree Absolute quickly - this normally only takes a few days to receive after your application.
Kind Regards
Caroline
Positive feedback is gratefully received.
Customer: replied 2 years ago.
Thank you. Do I need to pay any further fees when applying for decree nisi ? Or later at decree absolute ?
Customer: replied 2 years ago.
If so, what is the fees ?
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
When was your divorce petition issued?
Expert:  ukfamilysolicitor replied 2 years ago.
If your petition was issued after the 01 July 2013 - there are no further court fees to apply for Decree Nisi or Decree Absolute.
Kind Regards
Caroline
Customer: replied 2 years ago.
It was issued only in 2015. So, i need not pay any fees. Do i nee to serve a copy of the decree nisi form to my wife ?
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
No court fees then.
You don't need to serve a copy of your application for either Decree Nisi or Decree Absolute - on your wife.
Kind Regards
Caroline
ukfamilysolicitor and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
Many thanks.