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Complicated divorce! Help!!

(7 Posts)
HollyMay84 Mon 12-Dec-16 13:34:51

I'm hoping someone has some advice. I'm asking on behalf of my partner. He and his wife separated in 2010, it was not amicable and she often comes and goes in regards to contact. The problem is that in 2012 she started divorce proceedings stating unreasonable behaviour. Because my partner had no money to fight it and just wanted the divorce to go through asap he agreed and signed the papers 🙄She then severed contact until January this year and he has had heard nothing further in regards to their divorce. Only that in Feb this year he told her that he would be filling for divorce again under the 5 year separation. She then informed him that he can't because she's received the decree nisi but lost it. He hasn't received any paper work in regards to this. Anyway he is wondering what steps he has to take in order to file a new claim under the 5 year separation and whether he will have to apply to the courts to have the first petition dissolved. She is also saying that she will not provide him with her address, which is fine and he knows she has a right to do so but what implications will that have on filling a new divorce petition? They also live in different parts of the U.K. So He doesn't know what court to write to! Any advice would be greatly received!! tia x

OP’s posts: |
MrsBertBibby Mon 12-Dec-16 21:19:51

Which bit of the UK was she in when she filed?

HollyMay84 Mon 12-Dec-16 21:21:21

Hi thanks for replying, she's in Middlesbrough we're in London

OP’s posts: |
MrsBertBibby Mon 12-Dec-16 21:27:31

So she probably filed in Middlesborough

www.legislation.gov.uk/ukpga/1989/41/section/1

First step is to contact them, explain the situation, give full names as per the marriage certificate, and a time frame for when she issued. They will see if they can find it.

If she did get decree Nisi, he can make an application for the decree Absolute,but be sure to file a notice of his new address as they will use the one on the papers otherwise.

MrsBertBibby Mon 12-Dec-16 21:28:20

Argh, wrong link!

courttribunalfinder.service.gov.uk/courts/middlesbrough-county-court-at-teesside-combined-court

Pandamanda3 Mon 12-Dec-16 21:37:29

Hey op as above said you need the absolute prior to finalising plus all party's need to be happy & content before the judge/court issue it. If she has gone ahead 'you can claim she didn't inform you of further proceedings',
You really do need to seek some legal advise even the half hour free sessions, or call womens aid and just ask for advise.
I'm pretty certain if you were to re-start the divorce through the 5 year thingy you would be able to use your nearest court & she would need to attend that one.
As your bringing it to court if you get me!
Good luck don't be a push over she sounds awful and very difficult.

HollyMay84 Mon 12-Dec-16 22:07:35

That's the thing he doesn't understand, we let her solicitor know his new address as soon as the original petition was forwarded to him.

I wouldn't say she's difficult as such. It just didn't end very well and they struggle to communicate with each other which doesn't help matters.

Thank you for all your info, we'll definitely have a look

OP’s posts: |

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