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Topic:
Application for decree nisi (4 Posts)
Started By:
Date:
18 October, 2017 01:26PM
Application for decree nisi
John86 - 18 October, 2017 01:26PM
What happens if the petitioner doesn't send the application for a decree nisi?
Can the respondent take action against the petitioner if left at that stage?
Re: Application for decree nisi
davidterry - 18 October, 2017 01:57PM
IF the petitioner does not apply for decree nisi then the Respondent can, if the delay has been unreasonably long, apply to have the divorce petition dismissed. The Petitioner should be invited to apply for decree nisi and asked for an explanation for the delay before making the application. An unreasonable day is nearer six months than two weeks.
Re: Application for decree nisi
John86 - 18 October, 2017 02:03PM
Hi David, thanks for your reply. It has been over 6 months now. Thank you
Re: Application for decree nisi
davidterry - 18 October, 2017 02:56PM
Then you should write to the petitioner (or to her solicitor if she is represented) and say that unless you receive confirmation within 7 days that she has made the application for decree nisi you will be making an application to have her petition struck out for want of prosecution and you will be asking the court to order that she pays your costs. You need to write such a letter in order to show the court that she has been given the opportunity and knows the consequences if she still does not apply for the decree.

On the other hand, if the marriage is actually over you may want to make a formal application to the court to settle the financial issues arising from the marriage. If you do that then ultimately the court will pressure her to apply for decree nisi because it cannot make a final order about finances until there is at least decree nisi in divorce proceedings.
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