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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34133
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My divorce petition was issued on 8th. I have received notice

Customer Question

My divorce petition was issued on 8th. I have received notice today that my husband then submitted his own to the same court and his was issued on 14th. Surely that would mean that as mine was issued earlier, that his is invalid? Can you please confirm the legal position? Thank you.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
Which ground have you each used?
Clare
Customer: replied 3 years ago.


Hi Clare - both unreasonable behaviour - the reason it has happened is that my husband had asked me to delay issuing for the sake of the children over Christmas, which I agreed to to try and keep things on an amicable footing, be he then tried to issue his (he has control issues).

Expert:  Clare replied 3 years ago.
Hi
His is not invalid as such - but you can ask for it to be dismissed on the basis that yours has already been issued.
The issue is how the matter goes forward - you can allow it to go ahead in cross petitions if you so wish, or you can take a more aggressive tactics to ensure yours goes through and his does not.
Please ask if you need further details
Clare
Customer: replied 3 years ago.

Thank you - we have asked his solicitor to withdraw it, but with his recent behaviour I would be very surprised if he agreed. But cant we ask the Court to dismiss it, on the basis our was already issued? Thank you Clare. Have a good evening.

Expert:  Clare replied 3 years ago.
Hi
Do you have a solicitor acting for you?
Clare
Customer: replied 3 years ago.


Hi Clare - yes I do, and shes already asked the other party to withdraw, but I would just like to be aware of the position concerning the fact that my petition was issued 6 days before the other. Thank you.

Expert:  Clare replied 3 years ago.
Hi
My concern is on tactics here- your solicitor needs to notify the court that the Petition was second in time WITHOUT acknowledging service
She should also consider arranging for personal service of your petition on your ex so that she can apply for the Decree Nisi promptly
Clare
Customer: replied 3 years ago.


Hi Clare - I appreciate your comments, my ex would now have had the petition served, however all i need clarifying re my original question, is the legal standpoint regarding the timing eg can we insist to the courts that his is withdrawn due to the fact it was submitted after ours.

Expert:  Clare replied 3 years ago.
Hi
No you cannot insist - in the end the Court has the discretion to allow both to proceed since his was issued before yours was served - but a robust approach will usually prevail
Clare

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