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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

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12 replies

am25 · 28/11/2017 19:56

Hello there, I was wondering if Anyone can help me or give me any suggestion. So basically I have seperated eith my ex for 2 years, I sent the form etc; however there is no reply from him.
I have no contact since the day we seperated and he moved out of UK, he is now live in Italy. I have tried to contact the court but they cant do anything. I tried to apply for the bailifs but then was rejected because the person did not live in UK. This year is the fourth year of seperation for me and my ex. So I was wondering if there is any possibility that i can apply and submit another form which is the 5 year seperation? Thank you and appreciate your help xx

OP posts:
BoneyBackJefferson · 28/11/2017 20:29

this

www.quickedivorce.co.uk/blog/divorce-after-5-years-separation/

may help.

But ideally you need to talk to a legal professional, you can sometimes get 30 minutes free depending on the solicitors around you.

am25 · 28/11/2017 21:00

Am I allowed to submit another divorce form? I have submitted for 2 yrs sepration which no respond. But can i or am i allowed to submit the 5 yr seperation? Thank you

OP posts:
MrsBertBibby · 28/11/2017 21:16

You have to withdraw your 2 year petition before you can issue a 5 year petition.

am25 · 28/11/2017 21:54

Thank you MrsBertBibby,
May I ask how can I withdraw the 2 year petition please?

OP posts:
MrsBertBibby · 29/11/2017 07:23

hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=98

Form D11, ask for the judge to deal without a hearing, court fee is £50. If you're on a low income you might get a fee reduction, complete form ex160 to apply for that.

hmctsformfinder.justice.gov.uk/HMCTS/GetForms.do?court_forms_title=apply%20for%20help

Once the old petition is dismissed you can start a new one.

am25 · 29/11/2017 22:00

Thank you for this.
So I have to fill form D11 and ask for judge to deal without a hearing.
If that case judge will decide? Meaning if its going through fine, i sont need to withdrawn my 2 yr petition?

OP posts:
MrsBertBibby · 29/11/2017 23:36

No. Your application is for the judge to dismiss the 2 year petition, which cannot proceed without your husband's consent.

Once it is dismissed, you can lodge your fresh 5 year petition.

am25 · 03/01/2018 11:14

Dear MrsBertBibby,

I am working on the D11 form for the judge to dismiss the 2 yr petition, can you please help if there is any particular answer which I should be aware of when filling the form?

Thank you,
am25

OP posts:
MrsBertBibby · 03/01/2018 12:34

Make sure you ask for the marriage certificate to come back to you, so you can reptile it with the fresh 5 year petition.

Other than that, just ask for the dismissal.

am25 · 03/01/2018 14:42

Thank you.
Is there any payment involve for dismissal form?
Also do i have to pay a fee for submitting the 5yr petition?

Thanks a lot

OP posts:
MrsBertBibby · 03/01/2018 16:40

Yes, it should be £50 for the dismissal, and £550 for the fresh petition. Fee remission application linked to above if you are on a low income.

am25 · 03/01/2018 18:06

Thank you so much for your help so far.
I am sure I will ask again if I am stuck with the form x

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