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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 27798
Experience:  25 years experience of all aspects of family law
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Greetings, Im currently going through a uncontested

Resolved Question:

Greetings,

I'm currently going through a uncontested divorce in which I am the petitioner. My wife and I have no dependant children and are working. We do not have any financial settlements to be made amongst us and have filed under the unreasonable behaviour category. The accommodation we resided in was rented and we have given a notice to the landlord stating end of agreement by 31/08/2013. I have moved to my new (own) accommodation and my wife is in the process of doing so.

I have received a letter from the court stating that the district judge is not satisfied with the evidence filed. I quote the reason:

"Insufficient evidence in sharing the accommodation.
Petitioner to file statement detailing the accommodation and how it is shared as well as details of how finances are managed.
Then renew direction for trial"

When we filed for the divorce we were living at our old accommodation and when I moved out, I informed the court of my new address. This letter was in fact received at my new address.


I have the following questions:

1. How should I proceed ahead?
2. Do we need to supply financial documents explaining details and tenancy agreements as evidence or is our word taken to its value?


I am filing this myself without representation and am confused on what should I do. Due to being uncontested I was hoping for it go without any such questioning. Your help would be highly appreciated.


Regards
Submitted: 11 months ago.
Category: UK Family Law
Expert:  Stuart J replied 11 months ago.
Hello, I am Law Denning and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day today.

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

Do you have a specific question?
Customer: replied 11 months ago.

Greetings,


 


Many thanks for your reply. I understand your position and will be waiting for you response.


 


 


Regards

Expert:  Clare replied 11 months ago.
Hi
Thank you for your question
I shall do my best to assist you but I need some further information first.
What was the date of the last incident relied on in the petition and how long after that did you move out?
Claire
Customer: replied 11 months ago.

Greetings,


 


I am not sure whether I completely understand 'date of last incident relied', I will let you know from what I gather.


 


We lived at the accommodation for eight years and I filed as the petitioner around 25th of June. After the respondent relied back, I applied for a decree nisi around the 15th of July. At that point, in the application it was asked if we lived for more than six months together and if yes the dates should be supplied. I did mention that although currently we are living under the same roof, we are individually looking for our own accommodations.


 


I moved out on the 29th of July and informed the court about my change of address.


 


Please do let me know if you need more information.


 


 


Regards

Expert:  Clare replied 11 months ago.
HI
Looking at your petition and the specific incidents that you relied on - when was the last one dated?
Claire
Customer: replied 11 months ago.
Greetings,

I'm sorry for sounding naive but I'm still not sure about the question. I've checked the petition again, and there are no such incidents that I relied upon whilst filing it. The court accepted it on the 9th of July and my wife got the acknowledgment of service to which she replied.

I haven't listed anything else in my petition apart from the basic details and stating the differences my wife and I have.


Regards

Expert:  Clare replied 11 months ago.
Hi
Did you actually answer "yes" to the question- have you lived together for more than six months?
Claire
Customer: replied 11 months ago.
Greetings,
Yes I did. I stated the date we moved in to the accomodation to living currently. In the accomodation details explanation I explained that we were looking for our own individual accomodations and will move to our own places as soon as possible.



Regards
Expert:  Clare replied 11 months ago.
Hi
Thank you - that helps me identify the problem.
If you look at the question again
(the form is here http://hmctsformfinder.justice.gov.uk/courtfinder/forms/d080b-eng.pdf)
you will see that it actually says have you lived together for more than six months since the Petition was issued and by answering yes you have caused confusion
I appreciate that you felt that the explanation that you gave was clear - but sadly it was not acceptable.
So complete a new D80(b) and this time answer no to that question.
Return it to the court with a latter stating that on re-reading the question you realised that you had answered incorrectly
I hope that this is of assistance - please ask if you need further details
Claire
Customer: replied 11 months ago.

Greetings,


Many thanks for your reply. If I re - do the application and state a letter confirming my error, I wouldn't be charged for any wrong doing will I?


 


Also I quote again: ''Petitioner to file statement detailing the accommodation and how it is shared as well as details of how


finances are managed''


 


What does the finances part really mean? is this related to the accommodation and so if I answer no will this be automatically answered?


 


 


Regards

Expert:  Clare replied 11 months ago.
Hi
The problem was that your answer implied that you had lived in the same property for more than 6 months after the Petition was filed - and if that was the case you would have to prove that you lived ENTIRELY separate in the same house - so no communal cooking cleaning washing shopping or paying bills - hence the request for details of the way you dealt with the finances.
When you send it in just say in the letter that you took advice and understood the problem - but that if the Judge still needs a Statement you can file one
Claire
Customer: replied 11 months ago.
Greetings,

I entirely understand the problem now. I will as a precautionary measure attach a statement addressing the mistake and extend an apology. You've been very helpful. Many thanks.



Regards
Expert:  Clare replied 11 months ago.
Hi
You are most welcome - I hope all goes well
Claire
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 27798
Experience: 25 years experience of all aspects of family law
Clare and other UK Family Law Specialists are ready to help you

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