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Divorce Petition Issued Over 10 Years Ago

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  • Divorce Petition Issued Over 10 Years Ago

    I commenced divorce proceedings back in 2006 and my husband never responded. Everything became very complicated and difficult and the divorce was left in limbo. In 2010 I asked the solicitor if it was possible to carry on with the original divorce petition and after contacting the court she confirmed it was possible. Still I was unable to communicate with my ex and so I didn’t take the matter any further. I have just paid a new solicitor £200 for a consultation in which my question was can I carry on with the original petition. All I have received from this solicitor is an estimate of fees going forward and no answer as to whether I can carry on or whether I have to pay to cancel the original petition and recommence the divorce from scratch. Can anyone tell me whether there is any case law relating to this issue. Obviously I would like to carry on from where the case was left and my husband is now in agreement.

    *The original solicitor also requested a £200 consultation fee even though they still had my file, but I’m not disputing this I’m just pointing out it was a new solicitor.
    Tags: None

  • #2
    Can you confirm whether you actually served the divorce petition on your husband in 2006?
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    • #3
      He never responded when it was originally sent to him and It was left at the point where the next stage would be to instruct a bailiff to serve the petition.

      Comment


      • #4
        Any comments/advice would be appreciated

        Comment


        • #5
          I think your answer to ULA 's question is that the petition was not in fact served.

          This article may help you: https://www.farrer.co.uk/news-and-in...0this%20period.

          Although petitions issued under the ‘old law’ had no time limit for service, with the introduction of no fault divorce came a new requirement to serve the application for divorce within 28 days of issue (although it is possible to apply to the court for an extension of this period) (see Family Procedure Rules 2010 (FPR 2010), rr 6.6A and 6.6B).
          You may do better to start again with a new application for divorce under the Divorce Dissolution and Separation Act 2020, which came into force last year. There is a relatively simple procedure for agreed divorces. You can apply online - https://www.gov.uk/divorce/file-for-divorce
          Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

          Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

          Comment

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