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My name is ***** *****. I am trying to find a way of moving…

Customer Question
My name is *****...

My name is ***** *****. I am trying to find a way of moving forward with my divorce petition using the D11 form to apply for a decree nisi

Lawyer's Assistant: Thanks. Can you give me any more details about your issue?

I have filed for divorce under 2 year separation with consent. On the D10(3), wife answered, Do you consent to a decree being granted? ONLY WHEN JOINT MORTGAGE IS SETTLED (Joint owner of a property *property address*)

Submitted: 2 years ago.Category: UK Law
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Customer reply replied 2 years ago
When I applied for a decree nisi, I received a D79 that says the consent should be unconditional, and that I should deal with the matter and renew directions for trial. the property has been sold last year, mortgage has been settled by the conveyancing agent.
I would now want to renew directions for trial but not sure which way to go forward.
Answered in 51 minutes by:
2/19/2016
Solicitor: Clare, Solicitor replied 2 years ago
Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 35,437
Experience: family solictor with 25 years experience
Verified

Hi

Thank you for your question and for asking for me

I shall do my best to help you but I need some further information first

Has your wife confirmed in writing that she now consents to the divorce?

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Customer reply replied 2 years ago
After the D79 and the sale of the property, no paperwork has been exchanged. I do not know how to move forward really.
Customer reply replied 2 years ago
I have not received any document from her to say she now consents. do I need to send anything for her to sign?
Solicitor: Clare, Solicitor replied 2 years ago

You will need a letter from her confirming that she now consents to the divorce

You then use a D79 to reapply for the Decree Nisi and you send the letter in as well

I hope that this is of assistance - please ask if you need further details

Clare

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Customer reply replied 2 years ago
If she doesn't do the letter? What are my options?
Solicitor: Clare, Solicitor replied 2 years ago

How long ago did you separate?

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Customer reply replied 2 years ago
Separated in July 2010. Filed for 2 year separation in 2013.
Solicitor: Clare, Solicitor replied 2 years ago

In that case you need to apply for permission (leave) to amend the Petition to one based on five year separation.

Once you have that you will need to arrange for the petition to be personally served on your ex - then the divorce can go ahead

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