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michael holly
michael holly, Family Solicitor
Category: UK Family Law
Satisfied Customers: 6840
Experience:  BA Hons degree Law , Solicitors finals, 20 years experience, trained family law mediator.
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Hello Micheal I recently filed for an annulment on the grounds

Customer Question

Hello Micheal
I recently filed for an annulment on the grounds of respondents incapacity to consummate the marriage.When I applied for a decree nisi, i got a letter saying
Please note that the District Judge having considered the evidence filed, is not satisfied that the Petitioner is entitled to the decree sought because:
The evidence does not seem to establish incapacity of the Respondent which is alleged in the petition.The petitioner may wish to consider amending the petition to rely on wilful refusal to consummate the marriage in view of contents in her statement.
My question is how do i make the amendments, and a £95 fee is required to make the amendments , but i don't know whether I need to fill a form for the fee, or do I just enclose a cheque, and if yes, who do I address it to?
Thank you for taking the time to read , you help is very much appreciated
Submitted: 3 years ago.
Category: UK Family Law
Expert:  michael holly replied 3 years ago.


You can amend the petition by adding a section in red pen regarding willful refusal to consummate the marriage. This means that the question of the respondent's capacity is no longer at issue because whether they can or cannot have sex is irrelevant, the claim we are making is that either way they refused to consummate.

You need to put Amended in red at the top before the words Petition and re sign and re date it .Then send it to the court with a cheque payable to HMCTS.

If I have missed something or you have any further points please reply

Best wishes


Customer: replied 3 years ago.

thank you Micheal , that was very helpful


Expert:  michael holly replied 3 years ago.

My pleasure


Yours sincerely