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I applied for divorce and my ex husband is not contesting…

I applied for divorce...

I applied for divorce and my ex husband is not contesting it. He has singer the papers. I have just received a letter from the courts dissolving my marriage which was 1 month from when it was lodged. I had lodged it earlier than the date given in the letter. Both my ex husband and I singer the form and submitted it to the Courts on about the 27/28th Feb yet the date in the letter tell me that I will officially be divorced on the 17th April. My new partner and I had planned to get married in Samoa on the 9th April. My ex husband know this and is supportive.... Is there anything that can be done to change that date so it is not illegal?

Lawyer's Assistant: What steps have you taken? Have you filed any papers in Samoan family court?

No just applied for a marriage licence which I have sent back. My understanding was if my ex husband didnt contest the divorce that the date of divorce was from when I lodged it in Court.

Lawyer's Assistant: Have you talked to a lawyer about this yet?

No as I didnt know until just now. I just received the letter which I had been waiting for to send through confirming I was legally able to get married

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I know ignorance isnt a defence - but I honestly thought I was acting within the law getting everything sorted. I guess all I am waiting to know is, is there a way around this or must I cancel the wedding. We fly out on the 7th April.

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Answered in 5 minutes by:
3/23/2018
Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,544
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question

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Customer reply replied 28 days ago
Will you send me something via email? This is the first time I have used such a process so unsure if Im meant to wait for your reply here or do you reply directly to my email address?

Its a question and answer on this page-you ask questions and I reply

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Customer reply replied 28 days ago
I incorrectly thought that when I lodged my papers in Court together with my ex husband that, if both in agreeance and uncontested - that after one month the official date of the dissolution of marriage was from the date I initially lodged the completed papers as signed by both my ex and I, that we wanted one month and if uncontested was back date to that date. I.e I received confirmation today stating that the dissolution of marriage is final as at 17th April 2018. My new partner and I had planned to marry on the 9th April 2018 flying out on the 7th in Samoa as we were there for another reason. It appears now that I am 8 days too early. Is there a way around this or must I cancel the intended marriage as up until this point I thought everything was on track and that I had apolied for a Samoa marriage licence legally. My ex husband is absolutely fine with the intended marriage as he was of the same understanding as me in regards ***** ***** waiting periods etc. Or have I just learnt a very expensive lesson?
The Family Court Rules and the Family Proceedings Act prescribe the times. So unfortunately your marriage won’t be dissolved until the 17th. All I can suggest is that you have an unofficial ceremony in Samoa and then go to the registry office after the 17th and have a civil ceremony
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You can’t abbreviate the time under the rules
Chris The Lawyer
Category: New Zealand Law
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Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Customer reply replied 28 days ago
Ok ... well unofficial ceremony still ok so thank you for the suggestion ... rather than waste money still do it unofficially then after the 17th - make it official. Thank you to your help.
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