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SASH_Law
SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 2536
Experience:  LLB (Hons)
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Need help with an amended petition I filed that was refused

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Need help with an amended petition I filed that was refused
Customer: replied 6 months ago.
This was the letter received

Hi, I'm Lea and I have reviewed your query.

How can I assist you with this?

Please bear in mind this is an email service and not a live chat so responses may not be instantaneous. I am not available for calls, but in all cases it is very likely you can be helped online.

Customer: replied 6 months ago.
Hello Lea
I need assistance to know what I am being asked to do and what I actually need to do for this divorce to be finalised

The letter indicates that you tried to amend your original petition, but that has been refused - and it indicates they have retained the fee for that petition. I would suggest you clarify with the court whether they mean the fee is retained for the purpose of the new petition or whether they are asking you to pay again for the second petition. The meaning seems ambiguous.

The order then goes on to say that you 'may' file a new petition - so you would need to file a new D8 - which you can find here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/800140/d8-eng.pdf

In addition to that the court has said that permission to file the new petition and permission to stay the original petition is required, so they are asking you to complete a form D11 to ask for permission for those two things. You can find the D11 here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/856362/D11_web_0616v2.pdf

The fee for the D11 is £50.

The fee for the D8 is £550. If you are on a low income you may be entitled to fee remission, see form EX160.

Does that clarify?

Customer: replied 6 months ago.
I need to do a whole new petition ?
I’m confused because I did it initially on the basis of adultery but as the respondent can’t be found anywhere I amended it as 5 years separation has the time has now passed
Customer: replied 6 months ago.
If I file a new petition what is the grounds for it ?

Yes, you need to file a new petition if you still want to be divorced.

You can file under the five year separation as that ground now applies.

Please take a moment to rate positively using the five stars at the top of your page as that is how I am paid for assisting you today. You will still be able to ask clarification questions if you need to. Thank you.

Customer: replied 6 months ago.
Thanks for your reply
Is there no other way to proceed without starting again
I’ve been on this for about 2 years now
Customer: replied 6 months ago.
Is it possible to get divorced in a different country ? Or does it need to be in the UK?

Can you kindly rate positively for the previous answers. I will then be content to respond to your further questions.

SASH_Law and other Family Law Specialists are ready to help you
Customer: replied 6 months ago.

Whether or not you can divorce in another country will depend enitrely what their criteria are for divorcing under their laws. You will need to check with the specific country you are interested in.

The court in England has made an order - it says you may petition again. The choice as to whether you do so, is yours. The good news is that with five years, you don't need consent, so the divorce is likely to be very quick once you do file a new petition.

Customer: replied 6 months ago.
Will you be able to assist with helping to fill the new petition
I will call the court tomorrow to see if I have to pay another £550

You can post the request for assistance with completing the petition - some of the experts on here offer premium services for that type of work. I will not be available to assist with that via Just Answer I'm afraid.

All the best.

Customer: replied 6 months ago.
How do I speak with a different expert please ?

You have to open a new question as this one has been completed.

Customer: replied 6 months ago.
Can I ask how come this is completed ?

Because your question, for the price quoted, was for the interpretation of what the order said, and I have provided you with that.