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Decree Nisi denied

Posted by Freedom73 
Decree Nisi denied
July 02, 2020 07:11PM
Hi,

Hoping for help.

First applied online for divorce last summer on the grounds if two years consent. I left the matrimonial home in November 2016.


My wife did not respond.

On advice from the divorce centre I had the papers served by bailiff.

I got confirmation that the bailiff had served the papers and then heard nothing further.

I called the divorce centre who advised to go ahead with the decree nisi application which I did including copes if the bailiffs service notification. At the start of June.

Just received notification that this was denied because the respondent has not consented.

Called the divorce centre but they are not much help and I am unsure of what to do?

Advice would be greatly appreciated.

Many thanks
Re: Decree Nisi denied
July 03, 2020 10:02AM
Divorce based on two years' separation requires CONSENT. This consent will not be presumed. It has to be actively given and there has to be proof of that consent. It was a total waste of time and money to serve by bailiff a divorce petition based on this ground. If the other spouse is not co-operating to the extent that bailiff service is necessary then it is reasonably obvious that such a spouse will not consent to the divorce.

You need to have this petition formally dismissed and then you need to issue a fresh divorce petition based on a ground which does not require consent. Please note that amending a petition based on two years' separation is a waste of time. It is very difficult to do successfully. It is much safer to dismiss the original petition and issue a fresh petition based upon a ground which does not require consent.

For what it's worth what has happened here shows precisely why you cannot rely upon what the staff at divorce centres suggest. Most are not legally qualified.
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