Q&As

The parties agreed to stay the original divorce petition and to proceed on the basis of the respondent’s cross petition. Decree nisi has been pronounced on the respondent’s petition but it refers to the first petitioner as being the petitioner. How should the first petitioner apply for decree absolute, should it be on Form D36 or by an application under Family Procedure Rules 2010, SI 2010/2955, Pt 18?

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Published on LexisPSL on 07/03/2019

The following Family Q&A provides comprehensive and up to date legal information covering:

  • The parties agreed to stay the original divorce petition and to proceed on the basis of the respondent’s cross petition. Decree nisi has been pronounced on the respondent’s petition but it refers to the first petitioner as being the petitioner. How should the first petitioner apply for decree absolute, should it be on Form D36 or by an application under Family Procedure Rules 2010, SI 2010/2955, Pt 18?

The parties agreed to stay the original divorce petition and to proceed on the basis of the respondent’s cross petition. Decree nisi has been pronounced on the respondent’s petition but it refers to the first petitioner as being the petitioner. How should the first petitioner apply for decree absolute, should it be on Form D36 or by an application under Family Procedure Rules 2010, SI 2010/2955, Pt 18?

If a respondent files an answer they remain the respondent in the first divorce proceedings, but they become the petitioner/applicant in relation to any petition that they have issued.

A decree nisi may not be made absolute before the expiration of six weeks from the date it is granted, unless the court in which the proceedings are pending by special order fixes a shorter period.

As soon as this period expires the person who obtained the decree, may apply to have it made absolute by lodging with the district judge a notice in Form D36. The district judge then has regard to the matters set out in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 7.32 and, if they are satisfied as to such matters, they will make the decree absolute and endorse the

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