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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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ClaireA new situation has developed. Rizwana's

Resolved Question:

Hi ClaireA new situation has developed. Rizwana's solicitors have been asking me to confirm that I will send a divorce petition on the basis of 2 years separation I told them that once she had returned the jewellery I would immediately send the divorce. I had stipulated this last time we were at the County Court. Her barrister however denies this and a week Rizwana's solicitors sent a letter that she is not willing to forego her jewellery. The solicitors had told me earlier to confirm that I would be sending over a divorce petition on the basis of 2 years separation. They told me if I did not reply within 7 days they would be seeking costs against me. I replied immediately that I would be sending the divorce as soon as possible. Today I recieved a letter from them informing me that they are seeking costs against me. The hearing is this Friday. They are doing this out of revenge because I informed the SRA that I had heard they were responsible for giving Rizwana's her fake biometric residence card, Please advise me on the best course of actionThanksSagheer
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiFor clarity - you did agree to issuing the petition on these grounds didn't you?
Customer: replied 1 year ago.
Hi.Yes. But I was just waiting to find time to issue the petition. I was planning to do it during the end of term holidays. The only reason I had not already sent the petition was because:1) I had been informed by an immigration advisor that since her visa had expired she had no legal status in the country and a divorce wouldn't be valid.2) Possession of a fake biometric residence card is an offence for which she could get deported, I had already informed the police and the home office. They told me they were going to investigate. As of yet they have not got back to me.3) We are in possession of her jewelry just as she is in possession of ours. I had asked her solicitors a few times what she wanted to do with the jewelry that was in our possession. They only got back to me last week.This is just an act of retaliation on their part because I informed the SRA about them.
Customer: replied 1 year ago.
Hi ClareMy court hearing is tomorrow please respond asapThanksSagheer
Expert:  Clare replied 1 year ago.
I am sorry but none of those are good reason not to have done what you told the court you would do.The only way that you can avoid any costs tomorrow is if you attend Court with the forms ready for issueClare
Customer: replied 1 year ago.
What do I need to download what do I need to do
Expert:  Clare replied 1 year ago.
The form you need is herehttp://hmctsformfinder.justice.gov.uk/courtfinder/forms/d008-eng.pdf
Customer: replied 1 year ago.
Do I need to fill it in and file it at the county court tomorrow with a cheque for £450
Expert:  Clare replied 1 year ago.
Yes - in triplicate together with the marriage certificate and the cheque
Customer: replied 1 year ago.
Hi ClareI had an unexpected stroke of good luck at the hearing, It turns out that she has both copies of the marriage certificate. I mentioned this to her barrister and told her that as soon as I receive a copy of the marriage certificate I can issue the divorce petition. The judge was unfriendly and asked me to give an undertaking which I did he told me that if I dis not issue the petition I would stand in contempt of court and I would go to prison. One final question on the petition there is a section called costs, If I am the one paying to send the petition which option do I need to fill inThanks
Expert:  Clare replied 1 year ago.
Well done - that is good news.Since you have agreed to issue the petition you are not able to claim costs - so leave it blank
Customer: replied 1 year ago.
Hi ClareSorry one last thing before I do the rating. Her solicitors as mentioned previously are seeking costs against me. They have asked the court to consider a costs order against me. Now that I have given an undertaking to send a divorce petition two weeks after I have received the marriage certificate do you think the court will approve their order for costs against me.ThanksSagheer
Expert:  Clare replied 1 year ago.
I think you may be ok
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