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Divorce/separation

Husband defending divorce

2 replies

Bathplug17 · 11/12/2017 18:13

Hi, I’ve put my application of divorce in through my solicitor and it’s been sent off to the court. My husband is defending it because he can’t accept our marriage is over. He received a letter from the court today saying that the decree nisi shall not be listed for pronouncement pending the determination of the respondents application. Does this seriously mean my divorce won’t go through? Anyone else had this ?
Many thanks in advance

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Poshindevon · 11/12/2017 18:41

Defending a divorce (trying to stop the divorce) is very rare because the costs are prohibitive and the action is futile. If your husband has simply not responded then your solicitor will send a bailiff or process server to personally serve the papers on your husband. Your solicitor can then ask the court to accept the documents have been served and you can move on.
If your husband provides an "answer" to your petition then your solicitor will seek directions from the court on how to proceed. I have tried to put this a simply as possible. Your husband is being very foolish but eventually you will get your divorce. Your solicitor will know the way to proceed.

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Bathplug17 · 11/12/2017 18:47

Thankyou for your reply! Well basically he was late putting in his answer ( makes you wonder why the courts give a timescale but yet seem to move it ? ) he's paid £300 to file his answer but in his letter today it seems like they're accepting his defence ? I just wondered if anyone knew what will happen now ? I'll be speaking to my solicitor tomorrow. He hasn't got one so is doing it independently!

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