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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34479
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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. I have submitted a divorce petition. We have been separated

Customer Question

Hi.
I have submitted a divorce petition.
We have been separated for five years now.
I live here in England but my wife has moved back to her country of origin; South Africa.
She has been there since we separated.
We were married there (in South Africa) in December of 1991.
The district judge is not satisfied that I (the petitioner) am entitled to the decree sought because:
"1. The ground set out in Part 3 of the Divorce does not give the court jurisdiction. It would be sufficient if the Petitioner had stated he is still habitually resident in England and Wales.
The Petitioner shall file further evidence (verified by a statement of Truth- see FPR PD17A) on the points raised above and renew request for directions."
My query is:
1) What steps do I now need to take to satisfy the court so that it can proceed to grant the decree?
Thank you.
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.
How long have you been living back here in the UK?
Which box did you tick in section 3?
Clare
Customer: replied 2 years ago.

Hi Clare,

Thank you for looking into my query.

In section 3 I checked the box "Other" and stated "The Petitioner a d Respondent were last habitually resident in England and Wales and the Petitioner is still domiciled in Engalnd and Wales.".

Regards,

Clive

Expert:  Clare replied 2 years ago.
Hi
How long have you been living in the UK?
Clare
Customer: replied 2 years ago.

Hi Clare,

I was born in England but grew up in Africa. I returned to England in January 1999 with my wife and children and have remained here since that date.

Regards,

Clive

Expert:  Clare replied 2 years ago.
Hi
In fact you should have ticked the first box.
You can correct this by submitting a fresh D80e
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/d080e-eng.pdf
and in box 2 put
"The court has jurisdiction to hear this case under Article 3(1) of the Council Regulation (EC) No 2201/2003 of 27 November 2003" as the petitioner has been resident in England since 1999"
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Hi Clare,

I appreciate the response but I'm not sure if the court have actually suggested that I start the process again - may I refer you back to the response that I received from the quote:

"1. The ground set out in Part 3 of the Divorce does not give the court jurisdiction. It would be sufficient if the Petitioner had stated he is still habitually resident in England and Wales.
The Petitioner shall file further evidence (verified by a statement of Truth- see FPR PD17A) on the points raised above and renew request for directions."

If I understand your advice correctly you are suggesting that I ignore the court and restart by resubmitting another D80? This will mean that I need to cancel the current petition and start again which means I will have to pay again?

Expert:  Clare replied 2 years ago.
Hi
You are thinking of a D8 - the Petition.
I am referring to a D80 - the form you completed when you asked for the Decree Nisi
You can use this to record the amendment you need to make to the Petition and the Statement of Truth is built in
Clare