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Defended Divorce

Posted by Antarktida 
Defended Divorce
March 10, 2021 05:14PM
I filed for divorce on the grounds of unreasonable behaviour. Long story short, we are going to have a hearing for defended divorce.
The respondent has not submitted “answers”, if it would change anything?
I’m right to think that there will be more than one hearing?
What can I expect as an outcome – decree Nisi granted or a permission to apply for Nisi?
Thank you
Re: Defended Divorce
March 11, 2021 10:14AM
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.
Re: Defended Divorce
March 11, 2021 10:41AM
Thanks for the reply David,
In response to my divorce petition the respondent indicated that they want to get divorced, just disagree with the grounds stated on my petition. They are not legally represented and I would even expect them to agree during the first hearing to make things faster.
Any chance decree Nisi can be pronounced straight away then?
Re: Defended Divorce
March 11, 2021 05:57PM
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.
Re: Defended Divorce
March 11, 2021 09:03PM
Thanks a lot!
Re: Defended Divorce
May 31, 2021 01:23PM
The respondent failed to file the Answers for the second time.
Finding of facts was ordered, I had to file a witness statement and the respondent to serve her evidence in response.
The respondent failed to do it again and were given an extension.
What will happen if the respondent doesn’t file/serve their statement again?
Can I ask the court to make a final order without a hearing?
Re: Defended Divorce
May 31, 2021 04:19PM
>>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.
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