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Relationships

Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

How one tiny mistake on my divorce form lead to a 5 year delay – Help me fix it!

7 replies

BigTubOfLard · 11/08/2024 19:10

Hi all.

I started the divorce process back in 2019. I made one tiny mistake on the form and here I am 5 years later, no further forward 😖 I do NOT want to screw up again so am asking your help to sanity check my actions. Below is a copy of the original divorce form I filled out. Infuriatingly, I only received the letter of rejection this year due to the court sending it to the wrong address (I kept writing to them asking why my case wasn't progressing and eventually they sent me a copy of the rejection letter). So that's where we are.

I used the 5 year separation rule as the grounds for divorce. I wrote on the form (highlighted) that the date I decided the marriage was at an end was 15/10/2014. The mistake I made was to send this form in one month before 5 years of separation had elapsed. So my application was rejected and the clerk wrote back:

If the date given at question 5 of the form D80 was a mistake the Petitioner should amend it. If the decision was indeed made on the date originally stated the divorce cannot proceed on this basis. The Petitioner should make any amendments in red and re-sign and re-date page 3 of form D80, also in red. Form D84 should also be re-signed and re-dated in red.
The Petitioner should deal with the above matters and renew the request for directions for trial.

Even though I am instructed to amend the date at question 5, that date now DOES represent a separation of over years. My gut is telling me to leave that date unchanged and simply re-sign and resend the form with the explanation I've given above. Does this seem like the right course of action to you?

How one tiny mistake on my divorce form lead to a 5 year delay – Help me fix it!
How one tiny mistake on my divorce form lead to a 5 year delay – Help me fix it!
OP posts:
Northernlights100 · 11/08/2024 19:19

Why don’t you start afresh online? I think the rules have change now and the form could be out of date?

BirthdayRainbow · 11/08/2024 19:21

I'd start afresh. It's no fault divorce now. I filed in October. Came through in July.

aerotwirl · 11/08/2024 19:23

How did that mistake lead to a five year delay?

Hummingbirdie · 11/08/2024 19:47

Start a fresh

BigTubOfLard · 11/08/2024 20:00

If I start fresh that's another whopping fee to pay so I'd rather crack on.

The reason it has taken so long is because the blasted court sent several letters astray instead of to my correct address.

OP posts:
BigTubOfLard · 11/08/2024 20:01

In case it is relevant this was a DV divorce and I have no idea where my ex is; had to apply for deemed service, so that also delayed things.

OP posts:
AndSoFinally · 13/08/2024 09:22

If you want to use the same form you have to change the date. It has to be 5 years at the time of application, which is why it was rejected. Just do as instructed or it'll be another huge delay

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