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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 27675
Experience:  25 years experience of all aspects of family law
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Is it possible to reverse a decree nisi and what would need

Customer Question

Is it possible to reverse a decree nisi and what would need to be done? Could we do this ourselves or do we need to involve a solicitor?
Submitted: 2 years ago.
Category: UK Family Law
Expert:  Awan-Legal replied 2 years ago.

Awan-Legal :

Hi

Awan-Legal :

The decree nisi stage is where your divorce is nearly finalised. This means that the court will allow 6 weeks and 1 day for the divorce to finalise, after which a decree absolute (final stage) can be filed with the court. The time period allows for anybody who objects to the divorce to tell the court why they object.

Awan-Legal :

This means that the answer to your question is definitely yes and the divorce can be stopped provided that both parties agree.

Awan-Legal :

If so, you may simply put this in writing to the court and it will have the effect of cancelling the divorce. You do not need to attend court to do so and you do not need a lawyer.

Customer:

I am sorry but this was not my question. What exactly do we have to do to reverse it? Do we need to involve a solicitor?

Awan-Legal :

You can ask the court to cancel the decision and dismiss the petition - which has the effect of reversing it, i.e. as if it was never made.

Awan-Legal :

You can put the request in writing and do not need a solicitor.

Awan-Legal :

What are the reasons for reversing/cancelling the decree nisi? It will have the effect as if the divorce was never issued.

Customer:

Thank you for your reply. I imagine that the Court needs some proof of identity and does not just reverse the decree nisi on the basis of a letter?

Awan-Legal :

Yes that is correct

Awan-Legal :

Both parties would have to be in agreement though.

Customer:

Thank you. How does it work then? Do we send a letter and the Court then asks us for proof of identity?

Awan-Legal :

You should include a copy of your IDs with the letter. The signatures will be the same as the ones in the divorce papers so you do not need to worry about ID for the signatures. I hope that answers your question. Kindly click accept on my answer and good luck with the future.

Customer:

When you say copy of IDs, do you mean identity cards/passports?

Awan-Legal :

Yes either of these or even a driving licence will do

Awan-Legal :

Please let me know if there is anything else and if not, kindly click accept on my answer.

Awan-Legal :

Thank you

Awan-Legal, Solicitor
Category: UK Family Law
Satisfied Customers: 128
Experience: Expert
Awan-Legal and 2 other UK Family Law Specialists are ready to help you
Expert:  Clare replied 2 years ago.
If you wish to have the Decree Nisi set aside then you will have to make a formal application to the Court on a form D11 with the Consent of the other party.If either party has used a solicitor in the proceedings then that solicitor will have to endorse the application.No identification needs to be supplied.If the courts has any doubt on the issue and the agreement of the other party they will list a hearing date Claire
Customer: replied 2 years ago.

Dear Claire,

 

Thank you so much for giving me what seems a much more correct answer. The previous answer from Awan-Legal did not sound very plausible to me and was obviously just wrong. How can I complain about this?

 

If there was a solicitor involved, is there no way at all of reversing the decree nisi without a solicitor? I assume if solicitors are involved they would have a form D11?

Expert:  Clare replied 2 years ago.
Hi
The solicitor would simply need to endorse their consent to the application on behalf of their client
Indeed they can draft a proper application quickly and easily without needing to use the D11
No need to complain (or accept again) I have raised the issue already!
Claire
Customer: replied 2 years ago.

Thank you very much!

 

Could both solicitors involved do an application or does it have to be the solicitor of the spouse who filed for the divorce initially?

 

May I ask what the reason is that we cannot simply do this ourselves?

Expert:  Clare replied 2 years ago.
Hi
If solicitors are on record as acting then they need to endorse the paperwork - or they have to file a notice that their client is acting in person if you wish to deal with the matter yourselves.
Claire
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 27675
Experience: 25 years experience of all aspects of family law
Clare and 2 other UK Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Hello Claire,

 

Just to understand what this means from a practical point of view -

 

Could we both write to our solicitors to say that we would both like to act on our own behalf?

 

How do we then proceed? Where would we get a D11 form from or how would we do an application for a reversal of the Decree Nisi?

 

Regards,

 

Di

Expert:  Clare replied 2 years ago.
Hi
Is there a specific reason why you do not wish to get one of the solicitors to deal with this - it should not be expensive and will be quick and easy if they do it - but MAY need a court hearing of you do it yourselves?
Claire
Customer: replied 2 years ago.

Sorry, but how can you assume it will be cheap? My solicitor charges 450 pounds per hour and my husband's certainly in this region as well.

 

Could you please answer my previous question?

Expert:  Clare replied 2 years ago.
HI
Such an application is less than half an hours work for a solicitor - they produce an actual order - signed by both sides send it to court (with the fee) and it is sorted.
If you wish to do it yourselves you need to get both solicitors to send you notices of acting in person to indicate that they are no longer involved and you need to complete a D11 - obtained here
http://www.justice.gov.uk/family-procedure-court-forms/D11%20Application%20notice%20(6.1.11).pdf
Draft the order and submit with the cheque for £45 and possibly attend court
Claire
Customer: replied 2 years ago.

Hello Claire,

 

Thank you.

 

May I say this is the answer I was looking for from the beginning.

 

Regards,

 

Di

Expert:  Clare replied 2 years ago.
HI
I know - still quicker if the solicitor does it though!
Claire

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