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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34581
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 in the middle of a divorce and submitted my application

Customer Question

I am in the middle of a divorce and submitted my application on the grounds of 2 years separation.
I have made a vital mistake of submitting the period 1month short of 2 years separation, as I started living separately more than 2 years ago but the decision of marriage breakdown was less than 2 years so I had confused the situation.Someone has advised that I need to re-submit a new application and pay everything again plus £50 dismissal fee, or either change the reason and submit a new case on the grounds 'Unreasonable behaviour.Me and my ex agree on wanting a divorce asap and we do not have any finance to dispute.Is there any further options without throwing out the original case?
Submitted: 27 days ago.
Category: Family Law
Expert:  Clare replied 27 days ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further informtaion first

What did you actually say in the petition?

Customer: replied 27 days ago.
The petition has been submitted as my husband has withdrawn himself and asked me to leave to get some time apart. So I have lived seperately for over 2 years total...on and off trying to make things work, eventually decided to split as it was irreconcilable. Our final split date was April 2015, petition was accepted at court in March 2017.
Expert:  Clare replied 27 days ago.

Did you actually use the date of April 2015 in the Petition itself?

Customer: replied 27 days ago.
Customer: replied 27 days ago.
But I moved out at the end of 2014
Expert:  Clare replied 27 days ago.

Ok

has your ex returned the acknowledgement of service?

Customer: replied 27 days ago.
he has.
Customer: replied 27 days ago.
I got stuck in the dicri nisi application
Expert:  Clare replied 27 days ago.

I take it you were not eligible for fee remission?

Customer: replied 27 days ago.
I’m not sure. Don’t think I’m entitled for it.
Customer: replied 26 days ago.
Hi Clare, I’m waiting to see what you’d suggest. Looking forward to your reply
Expert:  Clare replied 26 days ago.

My apologies - both for the delay and for the fact that the position is indeed just as bleak as you have been told.

You can apply to dismiss the Petition and reissue it - with all the costs involved (unless you are on benefits and eligible for fee remission)

The alternative is to apply to the court (with the consent of your husband) for permission to amend your petition to one based on his Unreasonable Behaviour or his adultery.

The behaviour can be annoying rather than awful (and lets face it we are all annoying at times) - and the cost of applying to vary the petition is £95

I hope that this is of assistance - please ask if you need further details - or need to be guided through the process!

Clare and other Family Law Specialists are ready to help you
Customer: replied 22 days ago.
Hi Clare, thanks for the reply. Just a quick question regarding UNREASONABLE BEHAVIOUR.
If the application was not agreed by the other partner what happens? Also will this reason for divorce kept on record for future reference or is it kept Priviate? Would both parties get into disputes with the details if not agreed?
Just wanted to see what comes if I change the petition. Thanks
Expert:  Clare replied 22 days ago.

It would be better if you could agree the allegations before it is sent to the court.

If it is not agreed then your ex may chose to defend it (at some cost)

No one other than the parties and the courts now the grounds of the divorce - and it has no relevance to any other issues

Customer: replied 22 days ago.
Thank you for a prompt reply and your help. It made it very clear for me to goto the next step which was diffuse to decide. Thanks again
Expert:  Clare replied 22 days ago.

You are welcome - I hope all goes well