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Decree nisi refused - please help

9 replies

diymonk · 16/02/2013 14:51

I made an application for a decree nisi and the District Judge refused my application because the respondent's name in the divorce petition form was spelt wrongly. It was only one spelling error - I put an "i" rather than a "y" as in the marriage certificate. What can I do now? Please help.

OP posts:
prh47bridge · 16/02/2013 16:35

Apply again and spell the respondent's name correctly this time.

mumblechum1 · 16/02/2013 16:46

What exactly have the court told you to do; renew the request for directions for trial, or amend the petition?

Cheeryble · 17/02/2013 10:34

You will probably have to amend and re-serve the petition, and then apply again.

diymonk · 21/02/2013 14:17

Thank you all for your response.

@mumblechum1 - the court told me to clarify the correct name and provide evidence. The marriage certificate has one spelling error and we did not notice it when it was issued to us. We got married in a foreign country and it was a religious marriage. I contacted the church to ask them amend the certificate or give me a letter confirming that they made the mistake. But the church refused to do so.

what other options are available for me?

OP posts:
prh47bridge · 21/02/2013 17:13

So you are saying that the petition was correct but the marriage certificate is not?

diymonk · 21/02/2013 22:45

Yes, the petition was correct.

OP posts:
Collaborate · 22/02/2013 01:36

Look at what I posted on this thread:

www.mumsnet.com/Talk/divorce_separation/1685568-Petition-returned

Sounds the same situation as yours.

Monty27 · 22/02/2013 02:23

Can you get the marriage annulled as the original certificate is wrong then? Confused

diymonk · 22/02/2013 12:50

Thank you @Collaborate. I will send a copy of my passport together with a covering letter and wait for the court's decision. A friend of mine suggested that an affidavit + a letter from my husband could be acceptable. Do you think this is ok?

@Monty27 I don't want the marriage to be annulled for various reasons.

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