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Clare, Solicitor
Category: UK Law
Satisfied Customers: 34282
Experience:  family solictor with 25 years experience
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My name is ***** *****. I am trying to find a way of moving

Customer Question

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
JA: Thanks. Can you give me any more details about your issue?
Customer: 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*)
JA: OK got it. Last thing — Solicitors generally expect a deposit of about $45 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.
Category: UK Law
Customer: replied 1 year 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.
Expert:  Clare replied 1 year ago.


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?

Customer: replied 1 year 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: replied 1 year ago.
I have not received any document from her to say she now consents. do I need to send anything for her to sign?
Expert:  Clare replied 1 year 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


Customer: replied 1 year ago.
If she doesn't do the letter? What are my options?
Expert:  Clare replied 1 year ago.

How long ago did you separate?

Customer: replied 1 year ago.
Separated in July 2010. Filed for 2 year separation in 2013.
Expert:  Clare replied 1 year 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