Defended Divorce

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Edited 1 time(s). Last edit at 05/25/2024 03:43AM by Antarktida.

It is not that easy to defend a divorce - not least because of the formalities and court fees involved. Without seeing the paperwork and knowing whether the respondent is legally represented it is impossible to say what will happen at the hearing.

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Edited 1 time(s). Last edit at 05/25/2024 03:43AM by Antarktida.

If the respondent hasn't filed a formal Answer and a Cross Petition (for each of which a separate court fee is required) then the 'defended' divorce is not likely to be defended for long. Decree nisi will not be pronounced at this hearing because before decree nisi can be pronounced the court first has to issue a certificate that the petitioner is entitled to a decree of divorce.

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Edited 1 time(s). Last edit at 05/25/2024 03:49AM by Antarktida.

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Edited 1 time(s). Last edit at 05/25/2024 03:43AM by Antarktida.

>>Can I ask the court to make a final order without a hearing?

Yes, provided you make an application to that effect. When the time for filing the statement has passed and you have a record of having asked for it but not having received a reply you can make a formal application to the court for the matter to be dealt with on the existing paperwork. You will have to pay a court fee to do that and complete an appropriate application.