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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33293
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have a court hearing next week for an marriage annulment,

Customer Question

I have a court hearing next week for an marriage annulment, i am the petitional and the respondent has signed all relevant paperwork, i am saying the marriage is voidable because i have not comsummated with the respondent after marriage, my questions is what should i expect at the court hearing, would a decision be made on that day, would the court challenge my decision, what would be my options ?, do i need to go in with a lawyer, this is regarding uk law.
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 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.
Why has a hearing been Ordered?
Clare
Customer: replied 2 years ago.

It does not say, the letter says , take notice that the hearing of this cause will take place at XXXXXX court on XXXX day and time. To all parties

Expert:  Clare replied 2 years ago.
Hi
What explanation have you given for the lack of Consummation?
Clare
Customer: replied 2 years ago.

repondent realized i cheated.

Expert:  Clare replied 2 years ago.
Hi
So s/he refused to consummate the marriage?
Clare
Customer: replied 2 years ago.

yes, he refused to consummate the marriage.

Expert:  Clare replied 2 years ago.
Hi
What was the last paperwork that YOU sent to the court?
Clare
Customer: replied 2 years ago.

the last correspondent i sent to the court was the one stating the reason for the annulment, the respondent kinda delayed the whole process at first, it was only recently he decided to send them his own statement.

Expert:  Clare replied 2 years ago.
Hi
What did he say in his statement?
Clare
Customer: replied 2 years ago.

I wrote the letter and he agreed with what i wrote, he signed it and posted it.

Expert:  Clare replied 2 years ago.
HI
Does his statement make clear that HE is the one who has refused any sexual relationship since the wedding day?
Clare
Customer: replied 2 years ago.

yes

Expert:  Clare replied 2 years ago.
Hi
I need to try and get an idea of what the process has been in order to work out what might happen at the hearing.
You filed the Petition
Your ex acknowledged it and did not file a defence
You applied for the Decree
is that what has happened to date?
Clare
Customer: replied 2 years ago.

yes

Expert:  Clare replied 2 years ago.
Hi
Doe sit say that this is the date of the Decree Nisi?
Clare
Customer: replied 2 years ago.

Hi, The letter just states that " TAKE NOTICE that the hearing of this cause will take place at xxxx court"


 


thats all the letter says

Expert:  Clare replied 2 years ago.
Hi
Does it say that you have to attend - and does it give a time estimate?
clare
Customer: replied 2 years ago.

no it just says the day and time the hearing would hold, it dosent say i have to be there. but i would like to be there.

Expert:  Clare replied 2 years ago.
Hi
Is this the only piece of pare you received - nothing else with it?
Clare
Customer: replied 2 years ago.

No that's all I have received so far apart from filling in the form where I made mistakes.

Expert:  Clare replied 2 years ago.
Hi
It is very hard to be certain without seeing the document but I would expect that this is just a the hearing of the Decree Nisi and there is no need to attend - it is just a matter if the names being read out.
HOWEVER it would be sensible to phone the court and check this first
IF t is in fact a full hearing then I suspect that what the court will require is for you to give evidence on oath that your ex refused to consummate the marriage after the ceremony
If your ex is not there to oppose I would expect the Decree Nisi then to be granted
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Hi,


 


ok, so then i dont have to be there then, would a decision be made on that day ?

Expert:  Clare replied 2 years ago.
hi
IF the Court confirms that it s simply the pronouncement of Decree Nisi there is no need for you to attend and it will simply go ahead
Clare

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