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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34130
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My friend is applying for a decree nisi order of divorce from

Customer Question

My friend is applying for a decree nisi order of divorce from her husband. He has signed the Acknowledgement of Service and she has identified it, by completing the relevant section of the D80B Statement in Support. However, the judge has said the signature doesn't look like her husband's name, so he's not satisfied that she's entitled to the decree sought. This seems very pedantic, but what does she do know?
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.
What is the exact wording that the letter from the Court used?
Clare
Customer: replied 3 years ago.

 


 


Hello Clare,


 


I can forward a scanned copy of the letter from the Court. Mal's husband goes by the name of Uzo. If you look at their full names on the letter, you can see why they use Mal and Uzo.


 


How do I forward the letter?


 


Regards


David

Expert:  Clare replied 3 years ago.
Hi
I will ask customer services to assist
Clare
Expert:  Clare replied 3 years ago.
Hi
I have read the letter that was sent
How did your friend deal with the part in the tram lines under question nine on the form here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/d080b-eng.pdf?
Clare
Customer: replied 3 years ago.

She didn't enter anything in that box, having ticked the Yes box above it, to say that everything stated in the statement of arrangements is true

Expert:  Clare replied 3 years ago.
Hi
No not the box - the section under question 9 - how did she complete that?
Clare
Customer: replied 3 years ago.

Aha. She ticked the box to say "I identify the signature" and wrote "UZO (short name) of the the Respondent" in the large box alongside that. She also ticked the box under there that says it is the signature of her husband.


I can't see what else she should have done and it seems to come down to the judge saying he doesn't read the signature as UZO, even though she has identified it as such.


 


David

Expert:  Clare replied 3 years ago.
Hi
There is no large box beside it - looking at the form can you work out where she put it?
Clare
Customer: replied 3 years ago.

Are you available on the phone Clare, so I can run through this with you. I'm looking at the form right now and there is a box alongside the tick box, which says she identifies the signature. This is inside the tramlines and is to be completed if you are attaching an acknowledgement of service, etc.


 


David

Expert:  Clare replied 3 years ago.
Hi
We are only allowed contact via this forum I am afraid
Is this the form she used
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/d080b-eng.pdf?
Clare
Expert:  Clare replied 3 years ago.
Hi
Thank you for sending the form
I suspect that the Judge was simply unhappy with the form itself and the crossings out.
I suggest that she completes a new form - using the one on the link I provided as there is no need to add ant superfluous details - and sends it in again
If she has not kept a copy of the Acknowledgement of Services she should ask the court for a further copy so that she can exhibit it
Double check the form before it goes back to ensure that there is no crossing out on it
She will then need to send all the forms back to the court again
Please ask if you need further details
Clare
Customer: replied 3 years ago.

Thanks Clare,


 


I'm seeing Mal on Friday,so will tell her what you've said. I must say that the words from the judge seem much more to do with him/her not reading the signature of Mal's husband as UZO, rather than not liking the crossings out, but let's see what happens when she resubmits a clean application


 


David


 


 

Expert:  Clare replied 3 years ago.
Hi
It is a messy form which will have annoyed him to start with and the fact that the signature does not match what she has said just did not help - and it is n fact their business to be pedantic
If you look at the form on the link i gave it merely identifies the signature as being that of her husband - no extra description needed and no room for pedantry
Clare
Clare and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Clare,



My friend managed to find another document with her husband's signature on (an old driving licence, I think).She took this to the court and they're now saying everything's OK and the application for the decree nisi will proceed. Thanks for your time on this anyway


 


David

Expert:  Clare replied 3 years ago.
Hi
You are most welcome I am glad that it is resolved
Clare

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