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Topic:
Resuming Previous Petition (4 Posts)
Started By:
Date:
02 March, 2018 02:13PM
Resuming Previous Petition
Lucky go happy - 02 March, 2018 02:13PM
I started a divorce petition almost 2 years ago in 2016 on the grounds of unreasonable behaviour.
The respondent returned the Acknowledgement of Service but I didn't apply for the Decree Nisi which would have been the next step, because we attempted to reconcile.

The reconciliation did not happen and we stayed in this limbo period until now, when I want to complete the divorce, however I have had conflicting advice from the court (Bury St Edmunds) and solicitors.

One person at the court said I could just resume it by applying for the Nisi by sending forms D84 and D80B, but another solicitor said I would need to cancel this petition (D11) and start over with a new one and pay the court fee again. The 2nd time I spoke to the court they advised this was also correct and the previously paid fee could not be refunded or transferred to a new petition.

The same reasons of UB exist, so a new petition would list exactly the same reasons and start from the beginning with the added delay of cancelling the previous one.


I initially used a high street solicitor on an expensive fixed price for the petition, but did not feel I received a great service, so I was looking to resume the process myself if possible.

I was a bit disgruntled at having to start over and potentially pay the fee again. Can anyone help advise my next best step?

Thanks
Re: Resuming Previous Petition
davidterry - 02 March, 2018 03:59PM
>>I didn't apply for the Decree Nisi which would have been the next step, because we attempted to reconcile.

That may be fatal to picking up where you left off with the previous petition. Whether it is or not depends upon the circumstances of the reconciliation, how long it lasted, whether you resumed cohabiting, went on holiday together etc.
Re: Resuming Previous Petition
Lucky go happy - 02 March, 2018 07:30PM
Hi, thanks for the reply,
I did resume cohabiting (and am currently doing so until I find somewhere suitable to move to)
We did holiday where the UB continued and ruined the holiday for us
The reconciliation started in June 2016, but I cannot say for how long - I suppose until we decided to divorce, only a couple of weeks ago. But the fact the UB never really went away and has worsened in the last 12 months leading to the decision to resume the process.

Would you recommend to start over or to try and resume, based on this?
Re: Resuming Previous Petition
davidterry - 05 March, 2018 11:52AM
I think on these facts you need to start over.
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