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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1761
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Dear Pearl, Assistant: Thank you. Can you provide any more

Customer Question

Dear Pearl,
Assistant: Thank you. Can you provide any more details to help us find you the right Expert?
Customer: I have applied for annulment after one month of being married. In my initial petition was on the ground on non-consummation owing to incapacity of either petitioner or respondent. The respondent agreed with my petition and did not defend the case. Later i was returned my petition for amendment as the judge was not satisfied with the evidence and suggested that the petition appears to be more like a "wilful refusal" to consummate, but it had to be by the respondent not the petitioner. I have amended my petition and sent it back to the judge and last week got another refused decree nisi, which said: The petitioner has amended her petition to provide for wilful refusal of the respondent; Permission is granted for the amended petition re-dated 22/8/16 to be filled; It must be reserved on the respondent; The Petitioner should deal with the above matters and renew the request for directions of trial. I have not received any more documents and/or instructions, therefore I still do not understand why my decree nisi got refused, I am very confused by the respond. Could please help me to clarify that? Kind regards, Julie
Submitted: 1 month ago.
Category: Family Law
Expert:  Harris replied 1 month ago.

Hi, thank you for your question. The judge appears to have requested that the respondent be served with the amended petition and thereafter for you to demonstrate that the respondent has received the petition before proceeding to apply for decree nisi.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

Customer: replied 1 month ago.
I don't understand. Does this mean that the judge sent the amended petition to the respondent who has not yet responded to it? It says that me, the petitioner should deal with the matter, but what exactly should I do?
Expert:  Harris replied 1 month ago.

The court should have given you options to deal with serving the respondent with the amended petition. The easiest way is to email it to the respondent and to send it by standard and signed for delivery so that you can see if he has signed.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

Expert:  Clare replied 1 month ago.

My name is ***** ***** I have been a solicitor for more than 35 years

Thisi s in addition to the above

1.You need to send the court a further two copies of the AMMENDED petition and ask them to issue a further set of divorce papers and return to you for service - or send it themselves

2. You then arrange for a process server to give the papers to your ex (if you opt to deal with service yourself)

3.Once the 21 days have gone by othen you can re-apply for the Decree Nisi

Customer: replied 1 month ago.
Thank you Clare. So even if the court did not send me any of my old petitions, shall I send two new "amended" petitions. This time I received only the refusal of decree nisi and the reasons why, the rest of the documents are still at the court.
Expert:  Harris replied 1 month ago.

Yes, you can seek for the court to issue two new sets of the amended petition for you to serve.

Expert:  Harris replied 1 month ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.

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