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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.

Decree nisi delays burys st edmunds

20 replies

V2001 · 25/12/2021 09:34

Im applying to get my short marriage annuled after we split up after 3 months of marriage. Application for a Decree nisi is taking forever I applied on July 2021. applicaton was referred to the Legal Advisor for consideraton on the 17 August 2021. Although the file came back from the Legal Advisor on the 8th September 2021 no Order was drawn at that time so no prouncement date.
The Decree Nisi is yet to be issued. I made several complaints and call and asked for it to be escalated. The file had to be referred to a judge for further directions, this was done on the 12 November 2021, and we are currently awaiting the outcome from the judge. Any ideas why this has happnd. why it had to be referred on to a judge and how long it will take its been nearly 6 months so far?

OP posts:
Justsaying22 · 25/12/2021 19:57

I can’t give you an answer but I work for family solicitors and we have about 5 divorce files with bury st edmunds. There are huge delays on all of them and one file in particular is just taking abs ages. It must be very frustrating for you. In comparison, some of our newer divorce files which have been done online are going through quickly.

V2001 · 25/12/2021 20:17

Yea because mine is a annulment. It was done paper based.
I made complaints to them about my case. Below is the reply I received.

Application for a Decree Nisi
I'm sorry for the delay in the outcome of your Decree Nisi application. The applicaton was referred to the Legal Advisor for consideraton on the 17 August 2021. Although the file came back from the Legal Advisor on the 8th September 2021 no Order was drawn at that time. I'm sorry until an actual Order is typed up, we shouldn't have advised you that it had been granted. I've spoken to the relevant managers to inform staff of this.
Your case now
The Decree Nisi is yet to be issued. The file had to be referred to a judge for further directions, this was done on the 12 November 2021, and we are currently awaiting the outcome from the judge. I'm sorry as I don't have acces to the case file, I'm unable to provide you with more detailed information as to why it had to be referred on to a judge.

What happens next
At the moment, there is nothing you need to do. As you have employed a firm of solicitors to make your application, any correspondence will be sent directly to them and they will contact you in due course. If you need an update, we kindly ask you contact your solicitors first before personally contacting us

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Mylifestartstoday · 25/12/2021 21:32

I’ve been trying to get my nisi since September 2019 from Bury St Edmonds. They say I might finally receive it in January, but no promises.

V2001 · 25/12/2021 21:48

No way that's insane. Is thst just a straight forward divorce. Thats nearly over a year to get yr nisi.

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HoneyFlowers · 25/12/2021 21:50

I know someone who is getting divorced via Bury St Edmunds. Whole process started Easter 2019 and STILL no nisi yet. It's beyond a joke.

Mylifestartstoday · 25/12/2021 22:42

@V2001. The ex had to be served, but Covid stopped that. Court said they could be served via email, so he was, then the court changed their minds. Then, when they finally signed the forms, the court then lost them and made my solicitor start from scratch (even though they had confirmation that court had received). Now they confirm receipt but they won’t be drawn on when I will get the nisi, it’s beyond a joke!

HoneyFlowers · 25/12/2021 23:00

A huge delay is that the courts never posted on the next set of forms to be filled out. Both parties not knowing what's going on. It's a total shambles.

HoneyFlowers · 25/12/2021 23:00

The courts adamant they were posted out though!

V2001 · 25/12/2021 23:22

Its a shame there's no proper way of escalating matters. They take the fee then don't care. Online seems better as it's tracked properly. But mine was a annulment so had to be paper based. I've met someone else now so in a rush to get the nisi

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HoneyFlowers · 25/12/2021 23:26

This marriage finished 25 years ago and no one is claiming anything. So straight forward, but what a nightmare. The latest I've heard is that the courts have received the new forms, but it'll be two months before they can even get around to looking at it!

V2001 · 26/12/2021 00:01

What forms were not posted out?

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Xx12 · 31/12/2021 10:04

Honestly in the same situation as yourself and it’s so frustrating applied nearly a year ago for an annulment, advised decree nisi was granted back in September and have been awaiting a date since I’m now wondering based on your reply if it’s really granted at all, have rang every day for months, sent copious emails with no reply, raised complaints no reply sent letters! I’m at my wits end with it just want to move on with my life and they’re making it impossible I don’t know what else to do, they say just wait but I’ve been waiting nearly a year already 😭

V2001 · 31/12/2021 10:16

I don't understand what it is we have to wait for. I think cos annulment is paper based and not online it makes the process even longer. I wish I waited a year and did a divorce online.
Can you not ask for the matter to be escalated or approach yr mp?
What year did you apply?

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vilamoura2003 · 31/12/2021 10:33

Yes Bury is a nightmare - it is the only paper divorce unit left after it all moving online to the portal and the other units being closed.

Are you sure you have got the correct grounds for an annulment? It is quite specific and you need to cite the correct grounds for nullity ie not legally valid or voidable, and detail the specifics. I would imagine this is why it is being referred to a Judge 👍

V2001 · 31/12/2021 10:44

Hi yes I did it on the grounds the marriage was not consummated. She has agreed also and no dispute. It was a short marriage and we only lived together 3 months hence I went for a annulment.

I phoned up for a update and now it's not with the judge and was told I'm back in a queue and to wait.

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Xx12 · 31/12/2021 12:11

I applied at the very beginning of this year, decree nisi application was submitted in June and by September was told it was granted by the judge and gone to the legal advisor in September also, I’ve rang literally 100 times since and they’ve said it’s deffo granted they’re just awaiting on a listing date - but after your reply I’m guessing that it doesn’t really matter what they say and until I actually receive the paperwork it means nothing - so frustrating and embarrassing having to still be legally married to such a vile cretin

V2001 · 31/12/2021 12:46

Ok sounds same as me. I phoned up today was told judge granted it on 22 Dec. But the admin team need to do the paperwork. She also said I need to wait 6 weeks for absolute but to wait till the paper work is filed for nisi.
But I don't understand if the judge granted it means we have to wait for a listing date or just the admin team need to do paperwork for nisi?

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Xx12 · 31/12/2021 13:09

Good luck with the 6 week wait, they told us that initially too, then 12 weeks due to delays it’s now been nearly 4 months since the judge was said to of granted it - they say it’s a que waiting on a date for the listing but surely they’d just give a date the same time it’s granted doesn’t make sense does it? I’ve just had an email back saying they will respond to one of my many complaints by the 7th January so hopefully I’ll have some sort of answer by then. Really worried now it’ll be the same reply you had previously of them saying they shouldn’t of advised it was granted 🙄 I don’t understand why a straight forward uncontested annulment would take so long surely it would be better for them to just get it done and off there books - 6 weeks and 1 day until we can apply for absolute income hoping there won’t be this long of a delay to issue the paperwork for that stage 🙄

V2001 · 31/12/2021 13:48

Yea sounds like same thing as me. We in same boat.
I was told the legal advisor should not have told me its granted. But this time around I was told the judge granted it after it was escalated to them.
Yes would have thought when they granted it you got a date not have to wait months for one.
Let me know how u get on. I keep u posted if I hear anything on mine.

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Xx12 · 31/12/2021 14:09

Yeh I only replied because your situation sounds identical to mine and similar time scale, similar reason for annulment! I’ll let you know if I here anything! They deffo said the judge granted mine but that was months ago xxx

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