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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33942
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My wife and I agreed her petition for divorce in April 2011

Customer Question

My wife and I agreed her petition for divorce in April 2011 and I returned papers to court appropriately as respondent. We had not agreed a financial settlement and the time elapsed for this, I believe. We have now agreed this without a pension-sharing order. How do I go about proceeding with divorce after the time lapse?
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 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.
When was the Decree Absolute granted?
Clare
Customer: replied 3 years ago.

I am unaware that the Absolute was granted because, at the time we couldn't get pension info from the pension agencies quickly enough, so we did not get back to the court but have made financial arrangements subsequently.

Expert:  Clare replied 3 years ago.
Hi
Are you sure that is was granted at all?
Clare
Customer: replied 3 years ago.

Hmm. This is tricky as I have the court papers, to which I responded but no advice on whatever decree. Strangely my wife is unsure of this too. She thought we'd been granted something (nisi) depending on finaces being sorted. What I need is advice on my next move since we are both in agreement over finances, now, but need to know if we have to start the divorce process again. She has not had communication with her solicitors since that time. I have not taken legal advice - until now! Apologies for the rather naïve and incomplete mess that I have presented!

Customer: replied 3 years ago.

Did you get my last response about being unsure. I thought Nisi was granted but have only the papers from the court re the petition from my wife (this after separating in 2004). We couldn't get the financial answers and agreement at the time so I am assuming that only Absolute didn't occur but could be wrong. I apologised fro my messy recall of events and need advice on whether to restart the process or how/if to get back to the court. My wife has tired of this and wants me to get on with it, but if she was the petitioner in the first place, does that make a difference? Now we are both agreed and just want the quickest route to divorce!

Expert:  Clare replied 3 years ago.
Hi
In fact it is possible to obtain Decrees Nisi and Absolute without sorting the finances - although solicitors encourage you to do so
It is entirely possible that you are in fact still married
Your starting point is to contact the court quoting the file number and asking whether or not there has been a Decree Nisi or a Decree Absolute granted
Once you have the answer you will know what else you need to do
assuming that the Decree Nisi was granted then you simply need to apply for the Absolute - by making the application and supporting it with a statement confirming that you have not resumed cohabitation; your ex has not had a further child, and the reason for the delay
I hope that this is of assistance - please ask if you need further details
Clare

Customer: replied 3 years ago.

Thank you Clare. If we are not divorced am I right in assuming that we have to start the process again? if the Decree Nisi was granted can either party apply for the Absolute? Thanks,
paul

Expert:  Clare replied 3 years ago.
Hi
Unless there is a Decree Absolute you are not divorced.
If there has been a Decree Nisi either of you can apply for the Absolute
If there has been no Decree Nisis then the Petitioner could re-instate the matter - but it would be more sensible to dismiss the old petition and start again
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33942
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi Clare. I hope my request is still'active'. I have the Nisi, I have discovered - and now the right forms, which I understand (D11) - but do I need a solicitor to draft a draft copy of the order I am applying for - and if not where can I find examples to guide me?

Expert:  Clare replied 3 years ago.
Hi
That is excellent news
You do not need to draft a copy of the Order at all (despite what the form says)
You simply apply for the Decree Absolute - and remember to deal with the matters I outlined above
Clare
Customer: replied 3 years ago.

Thanks Clare. I am the respondent, and therefore have to use the D11, and am pleased that I don not have to fill in the draft order. Thanks, I can get on with things now.

Expert:  Clare replied 3 years ago.
Hi
You do indeed need the D11 - you should be able to fit all the information on it
Clare
Customer: replied 3 years ago.

Thanks Clare - just one more query! On the D11 Application notice there is petitioner, respondent and applicat. Do I become the petitioner/applicant if it is me applying for the Absolute? My wife was the petitioner for the Nisi. Am I both the respondent and applicant?

Expert:  Clare replied 3 years ago.
Hi
You are indeed Respondent and Applicant
Clare
Customer: replied 3 years ago.

Clare thanks -So sorry about boring little questions but does my wife become respondent in the D11 application notice ( she was petitioner for Nisi but I am applying for absolute)?

Expert:  Clare replied 3 years ago.
Hi
Yes she does
Clare
Customer: replied 3 years ago.

Aaagh! Sorry - do I also tick the petitioner box as well as the applicant box under q.2 ? And I do realise that you have gone above and beyond - thank you very much.

Expert:  Clare replied 3 years ago.
Hi
No just applicant!
Clare
Customer: replied 3 years ago.

And really, really finally. All paperwork sent through successfully - thank you. Court hearing next Monday. Does my wife need to attend? I am applicant for Absolute, though she the petitioner for the Nisi. She's not keen and wants it over without attending - but after the time lag woulda judge expect both parties to attend?

Expert:  Clare replied 3 years ago.
Hi
If she choses not to attend that is not a problem - but you MUST attend
Clare
Customer: replied 3 years ago.

Thank you Clare. hope not to trouble you again. You have been clear and very helpful.

Expert:  Clare replied 3 years ago.
Hi
You are most welcome I hope all goes well
Clare

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