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Not admitting but not contesting...

(8 Posts)
CourageCamille Tue 06-Jun-17 23:27:12

I've just got my 'Apply for your Decree Nisi' forms back and my hopefully STBX has put 'no' in the admitting adultery box but is not contesting the divorce. Does anyone know if the court will just accept the fact he's not contesting it, or throw it out as he's not admitting it? I think he just wants to avoid being liable for costs, which I'm willing to pay to get it over with anyway!

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MrsBertBibby Wed 07-Jun-17 07:30:02

I'm afraid the court can't grant you a DN if he denies the adultery, unless you have clear evidence. Usually that evidence requires a signed admission or the birth of a baby as a result of the adultery.

You may need to amend your petition to unreasonable behaviour to get a divorce.

CourageCamille Wed 07-Jun-17 08:06:07

Thanks for replying- I thought that would be the case. I was hoping to keep it simple as he had said he'd admit it, but as I've no photos of them at it I shall have to resort to the long list of UBs!

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MrsBertBibby Wed 07-Jun-17 13:27:08

Dodds he said that in writing?

MrsBertBibby Wed 07-Jun-17 13:27:24

Did. Stupid phone.

CourageCamille Wed 07-Jun-17 13:40:58

Unfortunately not. I had put it to him that we could divorce fairly smoothly if he admitted his affair without having to dredge up the unreasonable behaviours and he said he would. I think he thinks he will be penalised if he's the guilty party although I did tell him it doesn't work like that any more. I rang the court this morning and they have said it would count as a contested divorce and would have to go to court, or I can amend the grounds. It's the time wasted I'm most cross about; I just want to get on with it!

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Hardym Wed 07-Jun-17 20:09:02

Do you have the details of the 3rd party? I think they can be called upon by the court to testify? (If that's the right word). Maybe you could mention this to him and he might change his mind... as he probably won't want to go down that road

CourageCamille Wed 07-Jun-17 23:16:20

I'm not sure he can change his forms now he's sent them back to the court. I shall see how difficult amending the petition looks as he can't really deny any of the unreasonable behaviours on my list and that might be easier than having to appear before the Judge.

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