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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 27651
Experience:  25 years experience of all aspects of family law
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My partner is still married. They separated 8 years ago and

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My partner is still married. They separated 8 years ago and he started divorce proceedings on 2 year separation about 6 years ago. However, for some reason or other, he is refusing to proceed with it and ignoring letters from the Court. She asked him to complete the forms, but has said he will do it in his own time. They are just at the point of getting decree nisi.

My partner is now a bit stuck as it is obvious that the marriage has broken up, they've been apart for all that time and she has moved on and has no desire to return. The Court is saying that she cannot petition for divorce herself (5 year+) because this other petition is in process and she cannot get it thrown out as she is not the petitioner. Obviously her husband is not helping.

When she has spoken to the Courts, they have been a bit vague and told her to get advice (here we are!) but there should be a simple process whereby someone who is essentially being a victim of another who wishes to be controlling can move on and get this all resolved. She has been told in a letter by the judge that she need to get the divorce dismissed but is unable to get through to the Courts to clarify how to do this e.g completing a form or by letter. She cant find out anything though the website. She has also found out that she needs to pay £80 but doesn't know which department to send this to?

Its not an issue of finance or over their daughter as they have split up the marital assets at the time and her husband has access to their daughter and pays CSA level maintenance.

What is the process that she needs to take and where can she get the required form(s) to start it going please?

London Families Court, WC1
Submitted: 10 months ago.
Category: UK Family Law
Expert:  Stuart J replied 10 months ago.
Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name isXXXXX 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 most weekdays and weekends.

Just to clarify, are you hoping to complete the divorce?
Expert:  Stuart J replied 10 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.

How long did the marriage last?
Customer: replied 10 months ago.


6 years

Expert:  Stuart J replied 10 months ago.

I am going to opt out of this for another expert. The thread will now open to all experts. There is no need for you to do anything and please don’t not reply otherwise it comes back into my inbox. Another expert, , will be along shortly.

Expert:  Clare replied 10 months ago.
Hi
Thank you for your question
I shall do my best to assist
Your partner needs to make an application on a Form D11 available here
http://www.familylaw.co.uk/system/uploads/attachments/0002/0835/D11.pdf
She is asking for
1. On Order that Unless the Petitioner applies for the Decree Nisi within the Next 28 days his Petition is dismissed
2. The Marriage Certificate is released to her
3. An Order for costs
This is sent to the Court dealing with the matter - with the fee!
I hope that this is of assistance - please ask if you need further details
Claire
Customer: replied 10 months ago.


Thank you. I am going to hand over to my partner as she has more information.


 


Thank you so much Claire for you advice, this sounds exactly the information that I have been trying to find out, over the last few years. I have looked at the form and would just like to clarify the following; when applying for the order for the decree nisi with an order for the costs, a) are these 2 different orders and b) could I add the costs of applying for a new divorce too?


 


Many Thanks.


 


 

Expert:  Clare replied 10 months ago.
Hi
No your costs claim is for the costs of THIS application - the new divorce will be a separate issue.
Please feel free to ask further questions on the form as you fill it in!
Claire
Customer: replied 10 months ago.


Hi Claire,


 


Thank you again for the clarity, it is very much appreciated and your kind offer for me to ask further questions when I fill out the form. I will complete it this evening when my daughter is in bed, so that I am able to concentrate and probably will come back to you then.


 


Kind regards.

Expert:  Clare replied 10 months ago.
Hi
That is fine - I will be here!
Claire
Customer: replied 10 months ago.


Hi Claire,


 


Help please! I started to fill out the D11 form last night.


 


In section 3, I have been asked to submit a draft copy of the order that I am applying for. Is there a template for this or do I construct the draft order myself on a word document and if so, apart from personal details, completion of the Decree nisi, the fee and the reason for the application, is there anything else I need to include?


 


Also section 10 requests what information will I be relying on. I am planning to supply an attached statement for this. I was intending to put the date of the first application (2005) and my husbands admittance that he is delaying the process on purpose saying that he will complete the form when he is 'good and ready' as an example of how he has been stalling and why it has taken 8 years to date.


 


Additionally I was going to include a few sentences of what I have tried to do to move this forward and a brief chronology for context-perhaps writing half a page in total. Will this be sufficient?.


 


Many Thanks.

Expert:  Clare replied 10 months ago.
Hi
There is no need to add a separate statement
A simple
" The petition was issued in xxxx and the Petitioner has been entitled to apply for the Decree Nisi since yyyy and has refused to do so.
I wish to end the marriage as soon as possible in order that I can move forward with my life" will be more than adequate
Do not worry about the draft Order - the Court will not expect it as your Order will be very straightforward for them to type!
Claire
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 27651
Experience: 25 years experience of all aspects of family law
Clare and other UK Family Law Specialists are ready to help you
Customer: replied 10 months ago.

Hi Claire,


 


I have just completed the application ready to send to the court tomorrow. I wanted to say a big Thank you for your advice and help- it was fantastic and therefore an Excellent rating.


 


Best wishes and sincere appreciation.


 


Lisa

Expert:  Clare replied 10 months ago.
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Customer: replied 5 months ago.

Hi Clare,


 


Following your great advice our Divorce case was finally dismissed in court.


 


I would greatly appreciate some further advice to get my Divorce to completion.However, there are a few issues that i would like advice on.


 


I am about to start proceedings and have tried to have discussions with my ex which have already become difficult. When he started the divorce in 2005 we had agreed the division of assets with the help of both solicitors when the marital home was sold. I used my settlement as down payment for the property that I now live in.


 


Now 8 years on, I received an inheritance (about 5 years ago) from a family member that he is aware about but not how much. I used most of the money to pay off some of my mortgage and some I have put into savings. My 12 year old daughter lives with me. I am not sure what he did with his share of the money.


 


a) Where do I stand legally on the issue of my inheritance.


b) Is he entitled to any of my inheritance since the asset's were agreed and divided at the time of our separation / divorce.


c) Do I have to include the inheritance in the financial settlement?


d) Can he insist on finding out how much I got and do I have to tell him.


 


I look forward to hearing from you soon.


 


Regards,


 


Lisa


 

Expert:  Clare replied 5 months ago.
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