‘No fault’ divorce and old petition from 2021

[Nearlyalldone]

Cross-posted from the ‘divorce’ forum as I’ve not received any replies there:

So, long story short, my ex did not return the ‘acknowledgement of service’ form to the court service after he received the divorce petition that I sent to him over a year ago in 2021. There is no Decree Nisi as a result.

After over year of living at the fmh in limbo (he moved out, I’m still at the fmh with the kids), I now want to proceed the divorce. However, my solicitor has told me that I’ll need to pay hourly fees to them because it’s now classed as a complex case and also pay to have my ex served in person with the petition again. I don’t want to spend thousands chasing him about (he definitely received the original petition and he agrees that the marriage is over - he didn’t like the unreasonable behaviour statements that I gave so he ignored the petition…).

With the new ‘no fault’ divorce process coming in since April 2022, can I simply cancel the previous petition by writing to the court service and then begin again with a new petition? This feels like the cheaper and most straightforward option. This time I’ll try and get proof that he’s received the petition so that I can go down the ‘deemed service’ route with the court if he doesn’t respond again (although i’m fully expecting him to sign this time because of the ‘no fault’ process… sure he probably wants his share of the equity from
the fmh too!).

Thanks for your help!

You need to apply to withdraw the petition. There is a court fee. You then have to pay again to issue the new petition.

Thank you Collaborate. That’s really helpful.

On balance, I think it will be cheaper to pay the fee to withdraw the old divorce petition and then pay the fees to send out a new petition under the new ‘no fault’ divorce process. Is it correct that I can do these steps myself without instructing a solicitor? If you know which form I need to use to withdraw the divorce petition, could you please send it to me?

Chasing him around with the old 2021 petition will involve bailiff fees to serve the petition, another fee to apply to the court for ‘deemed service’ to prove that my ex has received the petition (I doubt that he’ll sign it), and hourly solicitor fees throughout the processes(!).

You can do it yourself. You need form D11 to withdraw the petition.

He doesn't need to agree to the statements just consent to the divorce its what my ex had to do as he couldn't afford to challenge my (truthful) statements

Thank you phh47bridge!

You know this, I know this, anyone with any sense knows this… my ex is a ‘special’ case…

Nut case?

My ex literally said I disagree that my being engaged to another woman is grounds for a divorce however I will consent as its what SHE wants

Five years this knobhead dragged it out for FIVE FUCKING YEARS in the end I waited until it was bang on five years separated and filed because originally I was filling in the paperwork I had downloaded passed it to him to fill in and I would file it he ripped it up threw it in my bin several times so I filled it in online he was sent his copy he was unhappy but signed he still doesn't think we are divorced because they haven't "notified him" I know we are divorced

Wow. I’m sorry! One year down so far for me… thank goodness for the establishment of the ‘no fault’ divorce or I’d have had to wait another year…