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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 4234
Experience:  Barrister at law
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I have applied for a divorce what happens if my partner

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I have applied for a divorce what happens if my partner defends it? What is the process?

Hello, my name is Peter, I'm a barrister and will do my best to assist you today.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

What grounds have you applied under in your petition?

Customer: replied 12 days ago.
Behaviour

OK. If he challenges the grounds there will be a court hearing where a judge will decide if the grounds have been met. You may not have to prove everything in the petition - just enough to show the judge that the behaviour was such that you could not be expected to live with them.

Can I clarify anything further?

Customer: replied 12 days ago.
So do you know from when she objects the time in this process? Then if goes to court and judge say all okay to proceed then does it just go to a degi Nisi

She has to file her acknowledgment and if contested the court will release a court date - normally within the next couple of months. If the judge finds that the grounds are met then yes, it proceeds to nisi.

If you have further questions, you can always come back to me.

In the meantime, if you could take a second to provide a 5 star rating (at the top right of your screen), I'll be credited for my time spent responding to your question.

Kind regards,

Peter

 

plclegal and other Family Law Specialists are ready to help you
Customer: replied 12 days ago.
If they say no. But at this stage we been apart 2 years do I have to reapply

You would apply to amend the petition in that case.

Customer: replied 12 days ago.
Do you know how much this costs? Is this something that is done at the court of hearing? And does this start the process again? If so do you know the length of time?

An application to amend the petition is usually done via a D11 form and the cost is £110 to file.

Customer: replied 12 days ago.
Great okay so if I apply for the year one afterwards she can’t stop that one?

If you apply under 2 years' separation she still has to agree to the divorce. The ground requires consent. If you don't succeed in unreasonable behaviour, and she won't agree to the 2 years, as the law stands currently you then have to wait until 5 years have passed to apply without her consent. But the law on divorce is set to change, as announced earlier this year, so it may not be this complicated once the new laws pass.

Customer: replied 12 days ago.
What is the new law? When does this come in. I just know she is going to be a pain in my arse and want to get married again August 2020

There are draft proposals to simplify the divorce process, but I cannot tell you when they will be made in to law as this was something that was proposed at the start of 2019, obviously politics in the UK is in a bit of a state of flux at the minute.

Customer: replied 12 days ago.
Okay great thank you

No problem, best wishes.

Customer: replied 12 days ago.
Sorry one more thing, she has admitted we been apart for over two years on messages and emails. If I show this can she still object?

She still needs to consent to the divorce if you use the 2 year ground.

Customer: replied 12 days ago.
So if it goes to court on behaviour how can she defend the case? What evidence do I if required need to provide
Customer: replied 12 days ago.
Sorry I have had this response please can you confirm if this is valid
Customer: replied 12 days ago.
See attached

OK.

She has incorrectly mentioned a jurisdictional issue as there are none.

Also child arrangement order proceedings have nothing to do with the divorce and this will not hold up the divorce.

Customer: replied 12 days ago.
So what can I do?

This response should not prevent the court from listing a court date.

Customer: replied 12 days ago.
So as I’m doing online can I apply for the degi Nisi? Or does it now have to go to court

The court will list the hearing if she has indicated that she will contest the divorce. If she is not contesting (because neither reason given above is a reason to contest the divorce), then you can apply for NISI, yes.

Customer: replied 12 days ago.
Sorry I don’t understand. She has defended with these reasons.

These are not reasons to defend the divorce.

If she is defending she has to dispute the behaviour grounds.

 

Customer: replied 12 days ago.
So as she has not what happens. If you want me to do this as new question am happy to as you have been excellent with me and know this is going on a bit. Also is there anywhere I can leave a review for you

Thank you and my pleasure. I think you can review on trust pilot (you will get emails about this from our team here at JA).

The responses will be viewed by someone at the court who will then decide on the next steps - my view is that directions should be issued to allow you to apply for the decree nisi as the response is not actually contesting the divorce, it is confusing the divorce and the chid arrangements application which are separate issues. As there is no denial of the behaviour alleged the petition should proceed.

Customer: replied 12 days ago.
So do I need to do anything or just wait for the courts

Exactly - just wait for now.